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HomeMy WebLinkAboutSC Dept of Economic Devel ELIZABETH A. bIEVII.I.R TOV/i%I CLEHIf REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF ]/TFORIvIATION OFFICER Town Hall, ~3095 Ma/n Road P.Oi Box II79 Southold; New York 11971 Fax (63i) 765-6145 Telephon~ ~631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 288 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 6, 2004: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to sign an Amendment to the Downtown Revitalization Program's Round III Program, with Suffolk County Department of Economic Development, for an extension for one year from March 18, 2004 to March 18, 2005, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk SUFFOLK COUNTY DEPARTMENT OF ECONOMIC DEVELOPMENT Steve Levy Suffolk Ceunty Executive September 8, 2004 Honorable Joshua Y. Horton .To~ of.Souttiold PO Box 1179 Southold NY 11971-0959 Dear Supervisor Horton: We would like to iakc this opportunity to thank you for participating as a sponsor in our Dowmtown Rex4talization Program. Enclosed with this letter is your first check in the amount of $5,332.50 which is 30% of your total budget of $17,775.00 and your fully executed contract for Downtown III. We hope that this is a successful, cooperative venture that helps to revitalize our important downtom~ cpmmunities. Please forward receipts along with a Suffolk County .Voucher fo this office in order that additional payments may be made. We look for~vard to working with you on this program. If you have any questions on this matter, please do not hesitate to 'call. Sincerely, Intergovernmental Relations Coordinator CEF:bs Enclosures ce: Honorable Michael J. Caracciolo 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: htlp://www, suffolkcountyny, gov · Email: ded@co.suffolk, ny. us hON. '~67':g';, ~'%-26 ;' '-')'~ ~ C~'.C:C".:~.~ $,J.'1;:.::¢' TOTAL $*****5,332.50 SUFFOLK COUNTY DEPARTMENT OF FINANCE & TAXATION JOHN O. COCHRANF., COUNTY TREASURER 330 CENTER DRIVE RIVERHEAD~ N.Y. 11901-3311 SOUTHOLD TOwN 53095 ROUTE 25 P.O. BOX 1179 .SOUTHOLD NY 11971-0959 Town of Southold-Downtown Revitalization 3 Agreement 525-CAP-CAP C3XX-64007 IFMS No. ECD00000003 Amendment No. 1 Amendment of Agreement This is the First Amendment of an Agreement, last dated March 19, 2902 (Agreement) between the County of Suffolk (County), a municipal corporation of the State of New York, having its principal office at the County Center, Riverhead, New York 11901, acting through its duly constituted Department of Economic Development (Department) located at H. Lee Dennison Building', 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 11788-0099, and the Town of Southold (Municipality), a New York municipal corporation, having, its principal place of business at P.O, Box 1179, Southold, NY 11971. The parties hereto desire to modify the Agreement by extending the term of the Agreement from March 18, 2004 through March 18, 2005, adding insurance provisions in compliance with current County standards and adding the Suffolk County Legislative Requirements Exhibit for Contracts. Sufficient funding exists pursuant to Resolution No. 952-2001 of the Suffolk County Legislature. Term of Agreement; Shall be March 19, 2002 through March 18, 2005. Terms and Conditions: Shall be as set forth in Exhibit A-1 and the Suffolk County Legislative Requirements Exhibit for Contracts attached hereto. In Witness Whereof, the parties hereto have executed this First Amendment of Agreement as of the latest date written below. Town of S~,,t~old Title: ~G Fed. Taxpayer ID g: 11-6001939 County of Suffolk Paul Sabatino II Chief Deputy County Executive Date: ~'1 [~ l 3'r-~l~ Approved as to Legality: Christine Malafi Suffolk County AttoFmy ~ / /' / ,-, , -/Samantha N. McE~rchii~ - // Assistant C.ounty .~rtorney '/ date: Approved: Department of Economic,D?v~lopment C~rolyn E. Fah~ [ntergovernrnental Re[arians Coordinator Date: /' / Exhibit A-1 Whereas, the County and Municipality have entered into an Agreement last dated March 19, 2002 for a term from March 19, 2002 through March 18, 2004 for Downtown Revitalization activities; and Whereas, the parties hereto desire to modify the Agreement to extend the term from March '18, 2004 through March 18, 2005; Now, Therefore, in consideration of the covenants, promises and consent herein contained, the parties hereto agree as foIIows: · 1, Term of Agreement: The Term of Agreement paragraph on the cover page of the Agreement is amended to read March 19, 2002 through March 18, 2005 as set forth on page 1 of this First Amendment of Agreement. 2. Insurance Provisions: Effective as of the beginning date of this extension period, the following insurance provisions shall apply: a. The Municipality agrees to procure, pay the entire premium for and maintain throughout the term of this Agreement insurance in amounts and types specified by the County. Unless otherwise specified by the County and agreed to by the Municipality, in writing, such insurance will be as follows: (i) (~i) Commercial General Liability Insurance including contractual coverage, in an amount not less than Two Million Dollars ($2,000,000.00) combined single limit for bodily injury and property damage per occurrence. Automobile Liability Insurance (if any vehicles are used in the performance of this Agreement) in an amount not less than Three Hundred Thousand Dollars ($300,000.00) combined single limit for bodily injury and property damage per occurrence. Workers' Compensation and Employer's Liability Insurance in compliance with all applicable New York State laws and regulations and Disability Benefits Insurance if required by law and shall have furnished to the County prior to its execution of this Agreement the documentation required by the State of New York Workers' Compensation Board of coverage or exemption from coverage pursuant to §§ 57 and 220 of the Workers' Compensation Law. In accordance with General Municipal Law § 108, this Agreement shall be void and of no effect unless the Municipality shall provide and maintain coverage during the term of this Agreement for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. All policies providing such coverage shall be issued by insurance companies acceptable to the County. The Municipality shall furnish to the County certificates of insurance or, on request, original policies, evidencing compliance with the aforesaid insurance requirements. In the case of commercial general liability insurance, said certificates or other evidence of insurance shalI name the County of Suffolk as an additional insured. All such certificates or other evidence of insurance shall provide for the County of Suffolk to be a certificate holder and to be notified in writing thirty (30) days prior to any cancellation, nonrenewal or material change. Such certificates, policies or other evidence of insurance and notices shall be mailed to the Suffolk County Risk Management and Benefit Division, H. Lee Dennison Building -7th Floor, 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 11788-0099, or at such other address of which the County shall have given the Municipality notice in writing. If the town or other municipal corporation has a,.self~insurance program under which it acts as a self-insurer for any of such required coverage, it may provide self-funded coverage and certificates or other e~vidence of such self- insurance in lieu of insurance issued by insurance companies. Any agreement between the Municipality and a third-party subrecipient shall include the above insurance requirements in a written agreement. 3. Suffolk County Legislative Requirements for Contracts: The Exhibit entitled "Suffolk County Legislative Requirements Exhibit for Contracts" is attached hereto and made part of the Agreement. 4. Gratuities: The Municipality represents and warrants that it has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State 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). 5. 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. Sr~f&lk County Legislative Requirements Exhibit for Contracts; last rev. 2/5104 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 C0unty Liying Wage Requirements Exhibit As Last Revised by the Suffolk County Department or'Labor on 10/22/02" (2 pages). Suffolk County Department of Labor - Living Wage Unit Declaration of Compliance - Subject to Audit Forms LW-33 and~LW-3 (consists of 3 pages) II Child Sexual Abuse Reporting Policy · Chapter 577, Article IV, of the Suffolk County Code entitled "Child Sexual Abuse Reporting Policy" (3 pages). III Gratuities · Chapter 386 of the Suffolk County Code, entitled "Political Parties, Gifts to Officials Of" (2 pages). IV Contractor'sNendor's Public Disclosure Statement Form SCEX 22; rev. 7/16102 (form consists of two pages; requires signature & notarization) Note: The Contractor'sNendor's Public Disclosure Statement Form SCEX 22; rev. 7/16/02, references the following law, which is included with this Exhibit. · Suffolk County Administrative Code Section A5-7 (consists of 3 pages). SuffOlk ~,~n.ty UVing Wage.. Documents. · ~uffoll~ County Living Wage Requirements Exhibit . As Last Revised by the Suffolk County Department of Labor on 10/22/02 Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 10/22/02 Pursuant to Section 6 of Chapter 347 of the Suffolk County Local Law No. 12-2001, "A Local Law to Implement Living Wage Policy for. the County of Suffolk" (the "Living Wage Law"), all RFPs, County contracts and financla! assistance agreements subject to the taw 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, unJess specific exemptions apply, or a waiver is granted, all employers (as. defined) under service contracts and recipients of county ~inancia] asSistance, (as defined), shall, provide payment of a minimum wage"to.empi'oyees (as defined) of $9.,00 per hour w~h hea th beneJ~its of at east $1,25.;p, er.hour.or othem/ise $10.25 per hour. Such rate shall be adjusted annua y. pursuant t.othe te.~'ms of the Suffo k · County Living Waga Law, of the Courtly 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 cedain 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) I of 2 pages ~uffoll~ County Living Wage Requirements .Exh!bit ~ As Last Revised by the Suffolk County Department of Labor on 10/22/02 Suffolk County Department of Labor - Living Wage Unit Declaration of Compliance -Subject to Audit Form LW-33 (consists of I page) Note: Pursuant to Section 7 of Local Law No.18- 2002, "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) 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 part of any executed contract or pr.oject agreement :and made available to the public upon request. To certify Living Wage compliance: Return Form LW-1, Form LW-2 and Form LW-33. or To certify non-applicability of Living Wage law: Return Form LW-3. or To request and document a general living wage exemption: Return Form LW-1, LW-2 and Form LW-4. or To request and document a specific living wage exemption: Return Form LW-1, LW-2 and Form LW-5. In the event that there is a change in circumstances, it is the Contractor's . responsibility to submit to the County additional Living Wage forms which either replace or supplement prior submissions of Living Wage forms. Living Wage Law Information Fact Sheet, text of the Local Law, Frequently Asked Questions, Forms, and Rules and Regulations can be found on the Suffolk County web site at www.co.suffolk.n¥.us Click Department Directory Labor Living Wage Law Info Suffolk County Department of Labor Living Wage Unit Tel. (631) 853-3808 End of Text for Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 10/22/02 2 of 2 pages SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT CERTIFICATION OF THE NON-APPLICABILITY OF THE LIVING WAGE LAW Living'Wage Law, SLrffolk County ~;ode, Chal~ter 347 (2001) To Be Completed By Applicant (EmplOyer) 1 )' EMP, L~YER NAME: Town _of-South_old 2) ADDRESS: pO ]lox 1179, Southol~L ~ 11971 ?. coNTAc¥: I-~bgotabte J~]u~ Y.~on 4) TE~PHONE ~ 765-1889 ~) PROJECT NAME: (tF.~~OM ~ 1): Q~IGIN ~F ASSISTANCE SOUGHT: (e.g,, State or County a~s~n~ program and - C~ffac~ Vep~ent).: S~om~n~ Econo ic Develob~em AMOONT OF CO~RACT: ~7,?~:O0 8) TERM OF CONI~C/: ~/19/o2-3/18/05 BRIEF DESCRIPTION OF PROJECT OR SERVICE: Downtown Revitalization )) P~OJE~TED EMPLOYMENT NEEDS: (ATTACH A STATEMENT OF PROJECTED NEEDS BY )Bc!.-~sSiFicATIoN, UNDER THE PROSPECTIVE ASSISTANCE;i; i~qCL~DING CALCULATION OF iSTIMA~I-ED NET IN~REASE OR DECREASE IN JOBS AS A RESUT2~ OF~ASS STANCE Reason Living Wage Law [s not applicable: Town is only a conduit f0r the fondinq 1 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, ~nd that the above attestation is true and correct. / Signature /J~ Y~~Date Print Name & Titlb 11-6001939 Vendor Federal ID~ ~See Next _P_a~_e for Contracts Covered by the Lav~ LW-3 SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT CERTIFICATION OF THE NON-APPLICABILITY OF THE LIVING WAGE LAW Living Wage L~w, Suffolk county Code. Chapter 347 (2001) 1) EMPLOYER NAME: Cutchoque NewSuffo1EChamberof:Gommerce ADDRESS: P.O. Box 610, Cutclio~ze, N¥,11935 CONTACT=R cliard ,J~Nonca~r~w 4) TELEPHONE #: 734-7759 PROJECT NAME',(1F DtF.~'~FROM # 1): OR G N OF~ ST..,AN~BC~OU, G~T: (e.g., State or County assistance program and Contracfi ng~[DepaTtmgn~. ,~i~ff~ County Economic Develop merit AMOUNT OF GONTRACT~ $1-~:.~,7'5.00 8) TERM OF CONTRACT: 3/19/02-3/18/05 BRIEF DESCRIPTION ©F PR;O¢CT OR SERVICE: Downtown Revitalization 11'0) PROJECTED EMPLO~MENT',~EEDS: (A']-FACH A STATEMENT OF PROJECTED NEEDS BY [lOB, CLASSIFICATION, Ut~D~ 3'~:PROSPECTIVE ASSISTANCE. INCLUDING CALCULATION OF ESTIMATED NET INCREA~, E:oR ~ECREASE IN JOBS AS A RESULT OF ASSISTANCE. Reason Living Wage Law is not applicable: LE'T5 'T~/I~,,~ /~ g,¢,,fA¢.~c'&'J' I hereby attest that the provisions ~Suffolk County Local Law No. 12-2001, the Suffolk County Living Wage Law, are not applicable to fhis ager~cy, organization, employer, contract or assistance applied for. I declare under penalty of perjury under the L~ws of the State of New York that the undersigned is authorized to provide this certification, ahd that trio above ~ttestation is true and correct. Print Name & Title Date Vendor Federal ID~ ',See Next Page for Contracts Covered by th~ Lavi LW-3 Excerpt from Living l~Zage Law, Suffolk Count5, Code, Chapter 347 - 2 "Any grant, loan, tax incentive or abatement, bond financing subsidy or other form of assistance o,f more than $50~000 which is realized by or provided to an employer of at least ten (1 O) employees by .or through the authority or approval of the County of Suffolk, or "Any sen,ice contract or subcontract let to a contractor with ten (10) or more employees by the County of'Suffolk for the furnishing of servSces to or for the County.of Suffolk (excepX cent[acts where services are incidental to the.deli~fery of products~ equipment or commodities) .which involve an expenditure equal to or greater fhan $10,000' For the purposes of this definition, the amount of expenditure fo~ more than one contract for the same service shall be aggregated. A contract for the purchase or lease of goods, products, equipment, supplies or other property is not an ~assistance" for the pm-pose~ of this definition." LW-3 Revised 9/5/02 SUFFOLK COUNTY DEPARTMENT LABOR-.LIVING WAGE UNIT DECLARATION OF COMPLIANCE - SUBJECT TO AUDIT Living Wage Law, Suffolk County Code, Chapter 347 (2001) TO Be Completed By AppiicanffEmp!oyer/Contractor J/we hereby agree to comply with all the provisions of Suffolk County Local Law No. 12-2001, the Suffolk County Living Wage Law (the'Law) and, as such, will provide to all full, part-time or temporary employed persons who perform work or render services on or for a project, matter, contract or subcontract where this'.company has received Assistance, from the County of Suffolk as defined in the Law (Assistance), a wage'rate of no less than $9.00 per hour worked with health benefitS, as described in the Law, or otherwise $10~.5 per hour or the rates as may be adjusted annually in accordance with the Law,. (Chapter 34%3 B) l/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 ali 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 record,, for.any or all employees for the term of the contract or for five (5) years, whichever period of compliance is .longer. All paYroll and benefit records required by the County will be maintained for inspection for a similar period of time. In addition, an annual report of employment activities, including relevant particulars of each covered employee, will be provided to the County for their files. (Chapter 347-7 E) The County Del~adment 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 o[New York that the undersigned is authorized to provide-this certification, and that the above is true and correct. Signature Date Print Name & Title County Vendor # (iflmown) Company Name Phone # Federal Employer I12)# LW-33 II Child Sexual Abuse,Reporting,Policy C}UtPTER 577, ARTICLE I~, Cllild se)n/al Abuse ReDortlng ~ollcy [Adopted 6-11- 2002 by Res. No. 543-2002] § 577-16. Policy established. The County of Suffolk hereby establishes a formal child sexual abuse reDorting policy as follows: A. Each County Department that has a contract or agreement with any individual, partnership, corporation, joint venture, business organization, or other entity which receives payments from the County of Suffolk, either directly or as 'a conduit for payment from another level of government, shall notify such individual, partnership, corporation, joint venture, busLness organization, or ottler entity that Suffolk County rc~/uires full compliance with the reporting and disclosure provisions of Subsection C of this section, as a condition Drecedent to receipt of such paymer~t a~d cont~uing receipt of such pa..y~ment, in those instances in.which an a~legatio~ has been m~de o~ sexual abuse of a mi~or, by any employee or member of such .contract vendor, inclnding any men, er of the clergy, involving any of t~e following sex offenses: (1)Rape in the third degree, § 1~0.25 (less than 17 years old) of the New York Penal Law; (2)Rape in the second degree, § 130_30 (less than 14 years old) of the New York Penal Law; (3)Rape in the first degree, § 130.35 (less than 11 years old) of the New York Penal Law; (4)Sodomy in the third degree, § 130_40 (less than 17 years old) of the New York Penal Law; (5)Sodomy in the second degree, § 130_45 (less than 14 years old) of the New York Penal Law; (6)Sodomy in the first degree, § 130.50 (less than 11 years old) of the New York Penal Law; (7)Sexual abuse in the third degree, § 130.55 (less than 17 years old) of the New York Penal Law; (8)Sexual abuse in the second degree, § 130.60 (less than 14 years old) of the New York Penal Law; (9)Sexual abuse in the first degree, § 130.65 (less tha~ 11 years old) of the New York Penal Law; (10)Aggravated sexual abuse in the third degree, § 130.66 (less than 11 years old) of the New York Penal Law; (il)Aggravated sexual abuse in the second degree, § 130.67 (less than 11 years old) of-the New ~ork Penal Law; (12)Aggra%~ated sexual abuse in the first degree, § 130.70 (less than 11 years old) of the New York Penal Law; (13)Course of sexual conduct against a child in the first degree, § 130_75 (less than 11 years old) of the New York Penal Law; and (14)Course of sexual conduct against a child in the second degree, § 130_80 (less than 11 years old) of the New York Penal Law; (15)Sexual misconduct, § 130.20 (sexual i~tercourse without consent) of the Ne~ York Penal Law; (16)Forcible touching, § 130.52 (sexual or intimate parts) of the New York Penal Law; (17)Persistent sexual abuse, § 130.53 (two or more convictions within the past 10 years for less than 17 years old or 14 years old) of the New York Penal Law; (18)Aggravated sexual abuse in the fourth degree, § 130_65a (less than 17 years old) of the New York Penal Law; (19)Female genital mutilation, Section 130.85 (less than 18 years old, nenmedical procedure) of the New York Penal Law; (20)Facilitating a sex offense with a controlled substance, § 130.90 (without consent to commit a felony) of the New York Penal Law. B_ Definitions. For the purposes of this article, the. following terms shall have the meanings indicated: CLERGY -- A ~ul¥ 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 ckurch belongs, or otherwise from the church, s!rnagogue, or mosque to preside over and direct the spiritual affairs of the church, synagogue, or mosque, as.the case may be. MINOR -- Anyone under the age of 18 years of age; Ail supe~-visory, administrative, or management employees of any individual, partnership, corporation, joint venture, business orgaxlization, 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, st~ll repQrt or caBse 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 c~ning before them is or has been the victim of sexual abuse, or when another person or cleigy person comes before them amd states from ' D~rsonal knowledge facts, conditions, or circumstances which, if correct, would render the minor a victim o~ sexual abuse un, er any of the following sex offenses., said reporting to occur within 24 hours after roi-ming the reasonable cause or first lea/r~ng of the allegations: [Amended 8-28-2002 by Res. No. 819-2002] (1)Rape ~n t_he third degree, § 130.25 Penal Law; (2)Rape in the second degree', § 130.30 Penal Law; (3)Rape in the first degree, § 130.35 Penal Law; (~)Sodomy in the third degree, York Penal Law; (5)~odomy in the second degree, York Penal Law; (6)Sodomy in the first degree, York Penal'Law; (less than 17 years old) (less tha~ 14 years old) (less than 11 years old) 130.40 (less than 17 years old) 130_45 (less then 14 years old) 130.50 (less then 11 years old) of the New York of the New York of the New York of the New of the New of the New (7)Sexu&l abuse i~ the third degree, ~ 130.55 (less than 17 years old) of the New York Penal Law; (8)Sexual abuse in the second degree, § 130.60 (less than 14 years old) of the New York Penal Law; (9)Sexual abuse in the first degree, [ 130.65 (less than 11 years old) of the Mew York Penal Law; (10)Aggravated sexual abuse in the third degree, § 130.66 (less than 11 years old) of the New York Penal Law; (il)Aggravated sexual abuse in the second degree, § 130.67 (less than 11 years old) of. the New Yerk Penal Law; (12)Aggravated sexual abuse in the first degree, § 130.70 (less than 11 years old) of the New York Penal Law; (13)Course of sexual conduct against a child in the first degree, ~ 130.75 (less than 11 years old) of the New York Penal Law; and (14)Course of sexual conduct against 'a child in the second degree, § 130.80 (less than 11 years old) of the New York Penal Law; (15)Sexual misconduct, § 130.20 (sexual intercourse without consent) of the New York Penal Law; (16)Forcible touching, § 130.52 (sexual or intimate parts) of the New York Penal Law; (17)Persistent sexual abuse, § 130.53 [two or more convictions within the past 10 years for less than 17 years old or 14 years old) of the New York Penal Law; (18)Aggravated sexual abuse in the fourth degree, § 130.65a (less than 17 years old) of the New York Penal Law; (19)Female genital mutilation, § 130.85 (less than lB years old non-medical procedure) of the New York Penal Law; [20)Facilitating a sex offense with a controlled substance, § 130.90 (without consent to'corm~it a felony) of the New York Penal Law; Whenever a ciergy person is required to ~port under this article, in his or her capacity a~ a member of the clergy, he or she shall immediately notify the per, on in charge of such church, synagogue, or mosque, or his or her designated agent, who shall then also become responsible to report or cause reports to be made to 911 or the pertinent village, to~, or county Police Department when he or she has reasonable c~use to suspect that a minor coming before them is or has been the viktim of sexual ~buse, or when another clergy pekson comes before them and states from personal knowledge facts, Conditions or circumstances which, if correct, would render the minor.a victim of sexo~l a~use. [Amended 8-28-2002 by Res. No. 819-2002] No information derived from a confession or confidential communication to a clerg!zman shall be disclosed pursuant to the requirements of this article 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 article shall inform all of their employees in writing as to t_he disclosure requirements of this article and shall ~lso· inform them that each of them must report ~ny allegations bf child abuse Covered in paragraph (k; of the 1st RESOLVED clause of this article to supervisory, management, or designated administrative personnel of the employer. 577-17. Failure to co~oly; Den&lties for offenses. Failure to comply with the terms and conditions of this article shall result in the following: First violation: the contract vendor shall be issued a warning and all supervisory, administrative, and management employees of such contract vendor shall be required to attend a child sexual abuse prevention/education workshop provided 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 childl~ood sexual abuse; skills that adults can teach children to help protect themselves from childhood sexual a~ise; skills for detecting the signs of childhood sexual ~buse; and how to report al%egations of childhood sexual abuse. The cost of this'training shall be paid for by the contract vendor. In addition, the contract vendor shall submit a corrective plan of action to the Suffolk County Office of Labor Relations. B. Second violation within a three-year period subsequent to a first violation: the contract ~endor shall be subject to a fine of 10% percent of the contracts that ~ the pertinent violating individual supervisor, manager, or administrator oversee~, not to exceed $50,000. In addition, the contract vendor shall be put on probation for three years. Am annual review shall be conducted by the Suffolk County Department of Audit and Control. Third violation within a three-year period subsequent to a first violation: the termination of the agreements with such individual, partnership, corporation, joint venture, business organization, or other entity overseen by the pertinent violating individual supervisor, manager, or administrator and the with_holding of all payments to said individual, partnership, corporation, joint venture, business organization, or other entity for such agreements regardless of whether such pavements are for past or future goods or services. The contract vendor shall not be eligible for funding from the County for three years from the date of such termination. § 577-18. Authority to issue rules and re~ulations. The Suffolk County Department of Law is hereby authorized, empowered, and directed to issue and promulgate such rules and regulations as shall be deemed necessary and appropriate to implement the provisions of this article. Gratuities §386-1 GIFTS TO PARTY OFFICIALS §386-1 CHAPTER 386 POLITICAL PARTIES, GIFTS TO OFFICIALS OF § 386-1. § 386-2. § 386-3. § 386-4. § 386-5. Definitions. Prohibited acts. Clause required in all contracts. Penalties for offenses, Excepted contributions. [HISTORY: Adopted by the Suffo k County Legisl.ature 12-9-80 as L.L. ~o. 32-1980. Amendments noted where applicable.] §386-1. Definitions. As used in this chapter, the following terms shall have meanings indicated: AGREEMENT -Any written Or oral contract or any implied contract, including but not limited to a contract for the sale of goods or services, a construction contract or a lease o¢ contract relating to rear or personal property. The term "agreement" shall also include any transaction whereby a person agrees to sell goods or services, or both, to the county pursuant to a successful bid. GRATUITY -Any money, benefit, entedainment, 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 th¢ir employees, agents or representatives. POLITICAL PARTY -A party as defined by § 1-104, Subdivision 3, of the Election Law. § 386-2. Prohibited acts. It shall be a crime for any person to offer or give any gratuity to an official of any political party with the purpose of intent of secudng or obtaining an agreement with the County of Suffolk or securing favorable treatment with respect to the awarding or amending of such agreement or the making of any determination with respect to the performance of an agreement. Page 1 of 2 B. It shall be a crime for an official of a political party to solicit, receive or accept a gratuity in connection with securing or obtaining an agreement with the County of Suffolk or 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 w. ith the County of Suffolk made after the effective date of this chapter, there shall be wdtten representation by the person entering the agreement with the county that he. has not offered or given any gratuity to .any official, 'emplOyee o~ agent:of'Suffolk County or New York State or of any political pady, with the p~po~se or.intent of securing an agreement or secu?ing ._favorable treatment with. resP~ect tothe a~ardir~g o'ramendi~g,~f a~'agreement Or the making of any d',ete~mjnations w[tt~ respect to the performance of an a~ reement, and that such per~:c~'n'~has r,~ad a~nd ~s fa'rr[~iar wi~ the prov Sions of, tttis chapter. § 386-4. Penalties fo~' offenses. 'A. 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 chapte~ shall not apply to contributions to political parties, committees or candidb, tes 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 C'ontractor.s/Vendor s ~Publ~c DisclOsure ~Statement Documents 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, Jn whole or in paJ't, program required to be bid pursuant to § 103 of the New York General Municipal Law. ;[Amend.ed 6-29-1993 by :L.L. No.' 28-19931] NOTE: L.L No. 28-1993 also provided as follows: Section 1. Legislative Intent. This Legislature hereby finds and determines that Suffolk County's comprehensive . Contractor/Vendor Public Disclosure Statement Law currently applies to a broad array of contracts that exceed one thousand dollars ($1,000.) in value, subject to exemptions for contractors doing business with the County Department of Social Services; hospitals; educational, medical, and governmental entities; and not-for-profit corporations. This Legislature further finds and determines that these exemptions prevent full disclosure of important information ,that may be useful to elected county officials in determining,whether or not specific types of contracts are in the public interest, especially · in light of.recent trends towards privatization and use of outside, consultants on an increased baSis .by municipalities. Therefore~ tbepurpose of this law is to eliminate many of the exemptions from completing and filing verified public disclosure statements with the County Comptroller available to certain contractors providing social services or health services contracts. CONTRACTOR or VENDOR [Amended 12-18-1990 by L.L. No. 41- 19902;. 6-29-1993 by L.L. No. 28-19933] - Any proprietorship, partnership or closely held corporation which has a co.ntract with Suffolk County in excess of one thousand dollars ($1,000.) or which has three (3) or more contracts with Suffolk County, any three (3) of which, when combined, exceed one thousand dollars ($1,000.), except: (1) Hospitals. (2) Educational or governmental entities. I Editor's Note: This local law was adopted by the legislature after disapproval by the Executive on 5-26-1993. 2 Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive on 12-13-1990. See the note at § A4-12. 3 Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive on 5-26-1993. See note above. Page I of 3 (3) Not-for-profit corporations. (4) Contracts providing for foster cam, family day-care providers or Child protective consulting services. FULL DISCLOSURE CLAUSE - A proviso to be included as a material part of a contract imposing upon the contractor or vendor a material, contractual and statutory duty to file a verified public disclosure statement. VERIFIED PUBLIC DIscLOsuRE STATEMENT - A declaration, the contents of which ,are acknowledged before a' notary public, containing information required under this 'section. 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 material part of ~he contract. C. Notice of the full disclosure clause shall be included and made a part of the specifications, if any, which are submitted to interested potential bidders. D. Each contractor or vendor shall file a verified public disclosure statement with the Comptroller of Suffolk County as soon as practicable prior to being awarded the contract. An updated disclpsure statement shall be filed by the contractor or vendor with the Comptroller by the 31st day of January in each year of the contract's duration. It shall be the duty of the Comptroller to accept and file such statements. E. No contract' shall be awarded to any contractor or vendor, as defined in this section, unless prior to such award a verified public disclosure statement is filed with the Comptroller as provided in this section. Any verified public disclosure statement containing fraudulent information shall constitute, for all -purposes, a failure 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 padners 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 li~tidg all assets and liabilities as well as a profit-and-loss statement, certified by a. certified public accountant. Such statement shall be the most current available and in no event shall have been prepared more than six (6) months prior to the date of the filing of the bid. No financial statement or profit-and-loss statement sha~lt.:be, required from any contractor or vendor having fifty percent (50%) or more of their gross revenues from sources other than the County of Suffolk. A' separate .f0!io 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.'und~er 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 Cor~mercial Code of the State of New York. In addition, to ail iegal remedies, Suffolk County shall be entitled, upon a determination .that a .breach has occurred, to damages equal to fifteen. percent (1'5%) of the amount of the contract. Under no circumstances shall the county be precluded from invoking any remedy Cor~ained in the preceding section by reason of its failure to invoke promptly its remedies. Page 3 of 3 Suffolk County' Legislative Requirements Exhibit for Contracts; last rev. 2/5/04 Suffolk County Legislative Requirements Exhibit for Contracts This exhibit is attached to and is made part of the contact executed with the County. Suffolk County Living Wage Requirements "Suffolk ,County .Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 1.0/22t02" (2 pages). Suffolk County'Department of Labor - Living Wage Unit Declaration of Compliance - Subject to Audit Forms LW-33 and LW-3 (consists of 3 pages) II Child Sexual Abuse Reporting Policy · Chapter 577, Article IV, of the Suffolk County Code entitled "Child Sexual Abuse Reporting Policy" (3 pages). III Gratuities · Chapter 386 of the Suffolk County Code, entitled "Political Parties, Gifts to Officials Ot~' (2 pages). IV Contractor's/Vendor's Public Disclosure Statement Form SCEX 22; rev. 7/16102 (form consists of two pages; requires signature & notarization) Note: The Contractor'sNendor's Public Disclosure Statement Form SCEX 22; rev. 7/16/02, references the following law, which is included with this Exhibit. · Suffolk County Administrative Code Section A5-7 (consists of 3 pages). I Suffolk County Lb/lng, Wage Documents Suffolk County SCEX 'Form 22 .'~: !-:~;? ~ ~.!~;~_-!?: i ~:~:?"? 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 w~th Suffolk County in Excess of $1,000 or havethree or more contracts with Suffolk County any three of which, when combined exceed $'~,000 except: (1) Hospitals, (2) Educational or-GOvernmental Entitles, (3)'Not-F0r-Pmfit Corporations, or (4) Providers of Foster Care, Family Day Care or Child Protective ConsultingSer~ices. 4. $.a 5.b Contractor'sNendor's Name Town of Southold Address PO Box 1179 a[td~State . Southold, NY Zip Ood~ 11971 / CcoitYntra~§ng- ~ep ~a?meo{'§ 'Name Econ0mic Development // Address .,H.r. Leb.:E~rmis0n'Bu~lding- 2"d Floor, Paye~ Iden!iOcatiol~ or Social Security No Type of=Busih,ess Co~'poration Partnership Sole Propr'~t~rship v/Other Is your firm',e~tei'ing?nto ,or has your firm entered into a contract with Suffolk County in excess of $1,~,00v' ~'es__No. Has your fir~nt~,e.~l~ntb three or more contracts, including ~he one for which you are now compJi~g?t.h,i~' ~erm, with Suffolk County, anY three of which, when combined, exceed $1~0001vYes '--No. If you answered yes {o either part 5a or 5b. you musl complete pa~s ,5 thrOu, g.h,-9. In any. event you must answer parts 10 and 11. Tabe of O~g. Er¢izafiq~n List ri.ames and addresses of alt principals; that is, all individuals s~rving on tt~':'.~c~T~:=~f'Di£~ctom '~r comparable body, names and addresses of all pa~hers and~n,ame~,[a'h;d addresses of aO corporate officers. Conspicuously identify any pe~seQ: ~n ~bis,~abl~,~of .o.r~qa9.1zabon /Who ~s also an officer or an employee of Suffolk Co~nt,~/.. (Atta~ add .Ycibnel sheet if necessary.) List all names and addresses of those individual shareholders holding more than five perce.nt (5%) interest in the firm. Conspicuously identify any shareholder who is also an officer 'or an employee of Suffolk County. (Attach additional sheet if necessary). 10. Does your firm derive 50% or more of its tCtal revenue from your contractural or vendor relationship with Suffolk County?. Yes v' No. If Yes, you mu 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'sJendor's Public Disclosure Statement with the contract (describe general nature of the contract) Page 1 of 2 SCEX Form 22 · all. Remedies, The failure tO file a vedfied public disclosure statement as required under this loca! law shall ~:or~stftute a material breach of contract. Suffolk. County may res.orr, use or employ any remedies contained in Ar[icie II of the Uniform Commercial Code of the State of New York. In addition 'fo all legal remedies, Suffolk County shall ;be err[itled, upon a determination, that a'breach has occurred, to damages,~c~ual, to f-rrteen percent (15%) of the amount ~f the contract. 12. Verification. This se¢ion must be-signed by an officer or principal of the contractor or vendor a.u~. odzed to sigQ for the cempa~iy for the purpose of executing contracts. The undersigned being swo'r,h', affirms under the pena!fies of p,ed~, 'that he/~sh,e bas:read and understood the foregoing statem, j~nts and that th~are, :to bis/her ow~''k~ow[~dge, true. /,~, ,/~ D ated:~ Signed: //,,~/~4¢,~ __ Printed Name of Signor: .~ Title of Signor: ~r 'Name of:Firm: Individual Proprietorship or Partnership Acknowledgement State of ) ) County of ) SS: On the ~-"*~' day of /¢¢'~/~- , 20 o~ , before me personally came ~72£~,9 y ,5~_~t2 ., 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. Corporate Acknowledgement State of ) ) County of -'. ) SS: Onthe ¢,~ dayof /~¢'~/~- , 20 ¢~ , before me personally came ~.~7),s/z'~,,¢ K. /¢~z-~ , to me known, who being duly sworn, did dispose and say that he/she resides in ~'n~/~:£z, ~'~,~ r , that he/she is the ~'P~'~' ~'/'J-~,,~ of ~'o~7¢¢¢¢_~ ;~j.z_J 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 a~xed by the order of the board of directors of such corpor.a.~.~8¢~at he/she signed his/her nan~e thereto by like order. i'.~ 5T,(¢?~ Pi.~¢.~ S~ ¢ SCEX Form 22 (Rev. 7/16/02) Reference: Suffolk County Administrative Code Section A5-7 Page 2 of 2 SCEX Form 22 :SU~EQLK COUN' - '-' TY DEPARTMENT OF LABOR LIVING WAGE UNIT NOTICE OF NON-APPLIC.AB ,I~LITy OF LIVING ~f~GE LAW Living Wage Law, SutTolk County Code, C~mpter 347 (2001) DATE: April 19, TO: Carolyn E. Fahev, Economic Develapment (Awarding Agency) (Living Wage Unit) EMPLOYER: Town of Southold VENDOR #: 11-6001939 REFERENCE #: '~ou are hereby notified that the response from Tow~ of Southold has been evaluated by the £iving Wage Unit of the Suffolk County Department of Labor. We find that this employer is not covered by the Suffolk County Living Wage Law (Local. Law #12-2001), and that the .requirements of this law as currently constituted do not constrain this contractor at this time.. Breuda Rosenberg Director of Living g~age Compliance Suffolk County Depm hnent of Labor LW-26 SUFFOLK COUNTY DEPARTMENT OF ECONOMIC DEVELOPMENT March 23, 2004 Steve Levy Suffolk County Executive 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 III Amendment for Service Contract #00000000003. As you requested, your contract will be extended for one year from March i8, 2004 to March i8, 2005. Also included is a voucher for the 30% Advance on Round III. Payment will be made when your Round II contract is complete and receipts are received. Please sign all three copips of the amendment and return them to me as soon as possible in order that we may complete the processing of this Amendment. Sincerely, z-.., Intergoverm~ental Relatio'lrs~oordinator CEF:bs Enclosures H..Lee Dennison .Bldg., 2nd Floor, 1 O0 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 11788-0099 63&:853.4800 · outside Long Island: 1.800.762.GROW · fax 631,853.4888 Website: hffp://www.suffolkcountyny, gov · Email: ded@co.suffolk, ny. us '-~ Law'No. ED003M/ -05YNA Town of Southold-Downtown Revitalization 3 Agreement 525-CAP-CAP C3XX-64007 IFMS No.ECD00000003 Amendment No. 1 Amendment of Agreement This is the First Amendment of an Agreement, last dated Mamh 19, 2002 (Agreement) between the County of Suffolk (County), a municipal corporation of the State of New York, having its principal office at the County Center, Riverhead, New York 11901, acting through its duly constituted Department of Economic Development (Department) located at H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100. Hauppauge, New York 11788-0099, and the Town of Southold (Municipality), a New York municioal corporation, having its principal place of business at P.O. Box 1179. Southold, NY 11971. The parties hereto desire to modify the Agreement by extending the term of the Agreement from March 18, 2004 through March 18. 2005. adding insurance provisions in compliance with current County standards and adding the Suffolk County Legislative Requirements Exhibit for Contracts. Sufficient funding exists pursuant to Resolution No. 952-2001 of the Suffolk County Legislature. Term of Agreement: Shall be March 19, 2002 through March 18, 2005. Terms and Conditions: Shall be as set forth in Exhibit A-1 and the Suffolk County Legislative Requirements Exhibit for Contracts attached hereto. In Witness Whereof, the parties hereto have executed this First Amendment of Agreement as of the latest date written below. Town of Southold Name: / ~(?;A~ '~/ /-~r~'-F~-~ Title: ~/ -~6C~¢'LJ~-[ OF Fed TaxPlay~r D # 11-6001939 Date: C(I l-4 (J*'( County of Suffolk By: Date: Paul Sabatino II Chief Deputy County Executive Approved as to Legality: Christine Malafi Suffolk County Attorney By: Patricia M. Jordan Assistant County Attorney Date: Approved: Department of Economic Development By: Commissioner Date: Exhibit A-I Whereas, the CoUnty and Municipality have entered into an Agreement last dated March 19, 2002 for a term from March 19, 2002 threugh March 18, 2004 for Downtown Revitalization activities; and Whereas, the parties hereto desire to modify the Agreement to extend the term from March 18, 2004 through March 18, 2005; Now, Therefore, in consideration of the covenants, promises and consent herein contained, the parties hereto agree as follows: 1. Term of Agreement: The Term of Agreement paragraph on the cover page of the Agreement is amended to read March 19, 2002 through March 18, 2005 as set forth on page 1 of this First Amendment of Agreement. 2. Insurance Provisions: Effective as of the beginning date of this extension period, the following insurance provisions shall apply: a. The Municipality agrees to procure, pay the entire premium for and maintain throughout the term of this Agreement insurance in amounts and types specified by the County. Unless otherwise specified by the County and agreed to by the Municipality, in writing, such insurance will be as follows: (i) (ii) Commercial General Liability Insurance including contractual coverage, in an amount not less than Two Million Dollars ($2,000,000.00) combined single limit for bodily injury and property damage per occurrence. Automobile Liability Insurance (if any vehicles are used in the performance of this Agreement) in an amount not less than Three Hundred Thousand Dollars ($300,000.00) combined single limit for bodily injury and property damage per occurrence. Workers' Compensation and Employer's Liability Insurance in compliance with all applicable New York State laws and regulations and Disability Benefits Insurance if required by law and shall have furnished to the County prior to its execution of this Agreement the documentation required by the State of New York Workers' Compensation Board of coverage or exemption from coverage pursuant to §§ 57 and 220 of the Workers~ Compensation Law. tn accordance with General Municipal Law § 108, this Agreement shall be void and of no effect unless the Municipality shall provide and maintain coverage during the term of this Agreement for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law ..... . All policies providing such coverage shall be issued by insurance companies acceptable to the County. The Municipality shall furnish to the County certificates of insurance or, on request, original policies, evidencing compliance with the aforesaid insurance requirements. In the case of commercial general liability insurance, said certificates or other evidence of insurance shall name the County of Suffolk as an additional insured. All such certificates or other evidence of insurance shall provide for the County of Suffolk to be a certificate holder and to be notified in writing thirty (30) days prior to any cancellation, nonrenewal or material change. Such certificates, policies or other evidence of insurance and notices shall be mailed to the Suffolk County Risk Management and Benefit Division, H. Lee Dennison Building- 7th Floor, 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 11788-0099, or at such other address of which the County shall have given the Municipality notice in writing. If the town or other municipal corporation has a self-insurance program under which it acts as a self-insurer for any of such required coverage, itmay provide self-funded coverage and certificates or other evidence of such self- insurance in lieu of insurance issued by insurance companies. Any agreement between the Municipality and a third-party subrecipient shall include the above insurance requirements in a written agreement: 3. Suffolk County Legislative Requirements for Contracts: The Exhibit entitled "Suffolk County Legislative Requirements Exhibit for Contracts" is attached hereto and made part of the Agreement. 4. Gratuities: The Municipality represents and warrants that it has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State 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). 5. 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. SE{f01k County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 10/22/02 Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 10/22/02 Pursuant to Section 6 of Chapter 347 of the Suffolk County Local Law No. 12-2001. "A Local Law to Implement Living Wage Policy for the County of Suffolk" (the "Living Wage Law"), all RFPs, County contracts and financial assistance agreements subject to the law shall contain the following two paragraphs or substantially equivalent language: This Agreement is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific exemptions apply, or a waiver is granted, all employers (as defined) under service contracts and recipients of county financial assistance, (as defined) shall provide payment of a m~nimum wage to employees (as defined) of $9.00 per hour with health benefits of at least $1.25 per hour or otherwise $10.25 per hour. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage. Law, of the County of Suffolk. Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for violations of this Law. Suffolk County Local Law No. 18-2002, "A Local Law to Implement Living wage Policy for the County of Suffolk" provided for certain amendments to the Living Wage Law. FOrms for Completion and/or Signature (as applicable) Suffolk County Department of Labor - Living Wage Unit Notice of Application for County Assistance (Contract) Form LW-1 (consists of 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) I of 2 pages Saffolk County Living Wage ReqUirements Exhibit As Last Revised by the Suffolk County Department of Labor on 10/22/02 Suffolk County Department of Labor - Living Wage Unit Declaration of Compliance - Subject to Audit Form LW-33 (consists of I page) Note: Pursuant to Section 7 of Local Law No.18- 2002, "A Local Law to Implement Living Wage Policy for County of Suffolk", all covered employers subject to the provisions of the Living Wage Law shall submit a completed and sworn (under penalty of perjury) Certification of Compliance Subject to Audit form, signed by an authorized representative, as part Of an executed contract with the County of Suffolk. The complete Declaration of Compliance form shall be made a part of any executed contract or project agreement and made available to the public upon request. To certify Living Wage compliance: Return Form LW-i, Form LW-2 and Form LW-33. or To certify non-applicability of Living Wage law: Return Form LW-3. or To request and document a general living wage exemption: Return Form LW-1, LW-2 and Form LW-4. or To request and document a specific living wage exemption: Return Form LW-1, LW-2 and Form LW-5. In the event that there is a change in circumstances, it is the Contractor's responsibility to submit to the County additional Living Wage forms which either replace or supplement prior submissions of Living Wage forms. Living Wage Law Information Fact Sheet, text of the Local Law, Frequently Asked Questions, Forms, and Rules and Regulations can be found on the Suffolk County web site at www.co.suffolk.n¥.us Click Department Directory Labor Living Wage Law Info Suffolk County Department of Labor Living Wage Unit Tel. (631) 853-3808 End of Text for Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 10/22/02 2 of 2 pages SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT CERTIFICATION OF THE NON-APPLICABILITY OF THE LIVING WAGE LAW Living Wage Law, Suffolk County Code, Chapter 347 (2001) To Be Completed By Applicant (Employer) 1) EMPLOYER NAME: Town of Southold 2) ADDRESS: PO Box 1179, Southold~ NY 11971 CONTACT: Honorable Joshua Y, Horton 4) TELEPHONE ~. 765-'1889 5) PROJECT NAME: (IF DIFFERENT FROM # 1): 3) ORIGIN OF ASSISTANCE SOUGHT: (e.g., State or county assistance program and Contracting Department). Suffolk County Ecoltomic Development 7) AMOUNT OF CONTRACT: $t7,775.00 8) TERM OF CONTRACT: 3/19/02-3/18/05 BRIEF DESCRIPTION OF PROJECT OR SERVICE: Downtown Revitalization 10) PROJECTED EMPLOYMENT NEEDS: (ATTACH A STATEMENT OF PROJECTED NEEDS BY JOB CLASSIFICATION, UNDER THE PROSPECTIVE ASSISTANCE, INCLUDING CALCULATION OF ESTIMATED NET INCREASE OR DECREASE IN JOBS AS A RESULT OF ASSISTANCE. Reason Living Wage Law is not applicable: Town is only a conduit for the fundinq I hereby at[est 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. Signatur/ "' '' Date Print Name & Title 11-6001939 Vendor Federal ID# i.See N~e_xt. P-B.99 for Contracts Covered b~he La~ LW-3 SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT CERTIFICATION OF THE NON-APPLICABILITY OF THE LIVING WAGE LAW Living Wage Law, Suffolk County Code, Chapter 347 (2001) To Be Completed By Applicant (Employer) 1) EMPLOYER NAME: Cutcho,que New Suffolk Chamber of Commerce 2) ADDRESS: P.O. Box 610, Cutchogue~ NY 11935 3) CONTACT: Richard J. Noncarrow 4) TELEPHONE ~. 734-7759 5) PROJECT NAME: (IF DIFFERENT FROM # 1): S) ORIGIN OF ASSISTANCE SOUGHT: (e.g., State or c?unty assistance program and Contracting Department). Suffolk County Econonnc Development . 7) AMOUNT OF CONTRACT: $17,775.00 8) TERM OF CONTRACT: 3/19/02-3/18/05 9) BRIEF DESCRIPTION OF PROJECT OR SERVICE: Downtown Revitalization [0) PROJECTED EMPLOYMENT NEEDS: (ATTACH A STATEMENT OF PROJECTED NEEDS BY lOB CLASSIFICATION, UNDER THE PROSPECTIVE ASSISTANCE, INCLUDING CALCULATION OF STIMATED NET INCREASE OR DECREASE IN JOBS AS A RESULT OF ASSISTANCE. Reason Living Wage Law is not applicable: I hereby attest that the provisions of Suffolk County Local Law No. 12-2001, the Suffolk County Living Wage Law, are not applic~able 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, a~nd that the above attestation is true and correct. Signature/' Date Print Name & Title Vendor Federal ID# ~_ee__N_ext Pag~e for Contracts Covered b~_t_he La~ LW-3 Excerpt from Living V/age Law, Suffolk County Code, Chapter 347 - 2 "Any grant, loan, tax incentive or abatement, bond financing subsidy or other form of assistance of more than $50,000 which is realized by or provided to an employer of at least ten (10) employees by or-through the authority or approval of the County. of Suffolk, or "Any service contract or subcontract let to a contractor with ten (10) or more employees by the County of Suffolk for the furnishing of services to or for the County of Suffolk (except contracts where services are incidental to the delivery of products, equipment or commodities) which involve an expenditure equal to or greater than $10,000. For the purposes of this definition, the mount of expenditure for more than one contract for the same service shall be aggregated. A contract for the purchase or lease of goods, products, equipment, supplies or other property is not an "assistance" for the purposes of this definition." LW-3 Revised 9/5/02 SUFFOLK COUNTY DEPARTMENT OF. LABOR .LIVING WAGE UNIT DECLARATI.O. N, QF COMPLIANCE a SUBJECT TO AUDIT Living Wage Law, Suffolk County Code, Chapter 347 (2001) · To Be ComPleted By Applicant/Employer/Contractor ldwe 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 temp0rary employed persons who perform work or render services on or for a project, matter, contract or subcontract where this company ha received Assistanee, f~om the County of Suffolk as defined in the Law (Assistance), a wage rate of no less than $9.00 per hour worked with health benefitS, as described in the Law, or otherwise $10.25. per hou~ or the rates'as may be adjusted annually in accOrdance with the Law. (Chapter 34%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. (Chapter347-2) i/we further agree to permit access to work sites and relevant payroll records by authorized County representatives for the purpose of monitoring compliance with regulation under this Chapter of the Suffolk County Code, investigating employee complaints of noncompliance and evaluating the operation and effects of this Chapter, including the production for inspection & copying of payroll records for any or all employees for the term of the contract or for five (5) years, whichever period of compliance is longer; All payroll and benefit records required by the County will be maintained for inspection for a similar period of time. In addition, an annual report of employment activities, including relevant particulars of each covered employee, will be provided to the County for their files. (Chapter 347-7 E) The County Department of Labor shall review the records of any Covered Employer at least once every three years to verify compliance with the provisions of the Law. (Chapter 347-4 C) I declare under penalty of perjury under the Laws of the State of New York that the undersigned is authorized to provide-this certification, and that the above is tree and correct. Signature Date Print Name & Title County Vendor # (if known) Company Name Phone # Federal Employer ID# LW-33 Child Sexual Abuse Reporting Policy. CHAPTER 577, ARTICLE IV, Child Sexual Abuse Reporting Pollcy [AdopEed6-11- 2002 by Res. No.~543-2002] § 577-16. Policy established. The County of Suffolk hereby establishes a formal child sexual abuse reporting policy as follows: Each County Department that has a contract or agreement with any individual, partnership, corporation, joint venture, business organization, or other entity which receives payments from the County of Suffolk, either directly or as a conduit for payment from another level of government, shall notify such individual, partnership, corporation, joint venture, business organization, or other entity that Suffolk County requires full compliance with the reporting and disclosure provisions of Subsection C of this section, as a condition precedent to receipt of such payment and continuing receipt of such payment, in those instances in which an allegation has been made of sexual abuse of a mino~ by any employee or member of such contract vendor, including any member of the clergy, involving any of the following sex offenses: (1)Rape in the third degree, § 130.25 (less than 17 years old) of the New York Penal Law; (2)Rape in the second degree, § 130.30 (less than 14 years old)of the New York Penal Law; (3)Rape in the first degree, § 130.35 (less than 11 years old) of the New York Penal Law; (4)Sodomy in the third degree, § 130.40 (less than 17 years old) of the New York Penal Law; (5)Sodorr6; in the second degree, § 130.45 (less than 14 years old) of the New York Penal Law; (6)Sodomy in the first degree, § 130.50 (less ~=~ ~ years old) v~f the New York Penal Law; (7)Sexual abuse in the third degree, New York Penal Law; (8)Sexual abuse in the second degree, New York Penal Law; (9)Sexual abuse in the first degree, New York Penal Law; (10)Aggravated sexual abuse in the third degree, § 130.66 old) of the New York Penal Law; (Il)Aggravated sexual abuse in the second degree, § 130.67 old) of-the New York Penal Law; (12)Aggravated sexual abuse in the first degree, § 130.70 old) o'f the New York Penal Law; (13)Course of sexual conduct against a child in the first degree, § 130.75 (less than 11 years old) of the New York Penal Law; and (14)Course of sexual conduct against a child in the second degree, ~ 130.80 (less than 11 years old) of the New York Penal Law; (15)Sexual misconduct, § 130.20 <sexual intercourse without consent) of the New York Penal Law; (16)Forcible touching, § 130.52 (sexual or intimate parts) of the New York Penal Law; (17)Persistent sexual abuse, § 130.53 (two or more convictions within the past 10 years for less than 17 years old or 14 years old) of the New York Penal Law; (18)Aggravated sexual abuse in the fourth degree, § 130.65a (less than 17 years old) of the New York Penal Law; (19)Female genital mutilation, Section 130.85 (less than 18 years old, nonmedical procedure) of the New York Penal Law; (20)Facilitating a sex offense with a controlled substance, § 130.90 (without consent to commit a felony) of the New York Penal Law. 130.55 (less than 17 years old) of the 130.60 (less than 14 years old) of the 130.65 (less than 11 years old) of the (less than 11 years (less than 11 years (less than 11 years Definitions. For the purposes of this article, the following terms shall have the meanings indicated: CLERGY -- 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. drder, 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 -- Anyone under the age of 18 years of age; C. Ail supervisory, administrative, or management employees of any individual, partnership, corporation, joint venture, business organization, or other entity receiving payment from the County of Suffolk, e~ther directly or as a conduit fo~ payment from another level of government, under agreement or contract with the County of Suffolk, shall report or cause.a report to be made to 911 or the pertinent village, town, or county Police Department when he/she, or i~ has ressonable'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 i 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 24 hours after forming the reasonable cause or first learning of the allegations: [Amended 8-28-2002 by'Res. No. 819-2002] (1)Rape in the third degree, Penal Law; (2)Rape in the second degree, Penal Law; (3)Rape in the first degree, Penal Law; (4)Sodomy in the third degree', York Penal Law; (5)Sodomy in the second degree, York Penal Law; (6)Sodonhz in the first degree, York Penal'Law; 130.25 130.30 130.35 (less than 17 years old) of the New York (less than 14 years old) of the New York (less than 11 years old) of the New York § 130.40 (less than 17 years old) of the New § 130.45 (less than 14 years old) of the New § 130.50 (less than 11 years old) of the New (7)Sexual abuse in the third degree, ~ 130.55 (less than 17 years old) of the New York Penal Law; (8)Sexual abuse in the second degree, § 130.60 (less than 14 years old) of the New York Penal Law; (9)Sexual abuse in the first degree, § 130.65 (less than 11 years old) of the New York Penal Law; (10)Aggravated sexual abuse in the third degree, § 130.66 (less than 11 years old) of the New York Penal Law; (ll)Aggravat~d sexual abuse in the second degree, § 130.67 (less than i1 years old) o~ the New York Penal Law; (12)Aggravated sexual abuse in the first degree, § 130.70 (less than 11 years old) of the New York Penal Law; (13)Course of sexual conduct against a child in the first degree, § 130.75 (less than 11 years old) of the New York Penal Law; and (14)Course of sexual conduct against a child in the second degree, § 130.80 (less than 11 years old) of the New York Penal Law; (15)Sexual misconduct, § 130.20 (sexual intercourse without consent) of the New York Penal Law; (16)Forcible touching, § 130.52 (sexual or intimate parts) of the New York Penal Law; (17)Persistent sexual abuse, § 130.53 (two or more convictions within the past 10 years for less than 17 years old or 14 years old) of the New York Penal Law; (18)Aggravated sexual abuse in the fourth degree, ~ 130.65a (less than 17 years old) of the New York Penal Law; (19)Female genital mutilation, § 130.85 (less than 18 years old non-medical procedure) of the New York Penal Law; (20)Facilitating a sex offense with a controlled substance, §~%~0;9Q (without consent to commit a felony) of the New York Penal Law; ~.. D. Whenever a clergy person is required to report under this article, in his or her capacity as a member of the clergy, he or she shall immediately notify the person in charge of such church, synagogue, or mosque, or his or her designated agent, who shall then also become responsible to report or cause reports to be. made to 911 or the pertinent village, town, or county Police Department when he or she has reasonable cause 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, conditiQns, or circumstances which, if correct, would render' the minor a victim of sexual abuse. [Amended 8~28-2002 by Res. No. 819-2002] E. No information derived from a confession or confidential communication to a clergyman shall be disclosed pursuant to the requirements of this article 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. Ail contract vendors covered by this article shall inform all of their empl~fees in writing as to the disclosure requirements of this article and shall also inform them that each of them must repor~ any allegations of child abuse covered in paragraph (A) of the 1st RESOLVED clause of this article to supervisozy, management, or designated administrative personnel of the employer. 577-17. Failure to cumply; penalties for offenses. Failure to comply with the terms and conditions of this article shall result in the following: A First violation: the contract vendor shall be issued a warning and all supervisory, administrative, and management employees of such contract vendor 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 chilclhood sexual abuse; skills that adults can teach children to help pronect themselves from child/lood sexual abuse; skills for detecting the signs of childhood sexual abuse; and how no reporn allegations of childhood sexual mbuse. The cosu of this training shall be paid for by the contracu vendor. In addition, the contracn vendor shall submit a corrective plan o~ action to the Suffolk County Office of Labor Relations. Second violation within a three-year period subsequent no a first violation: the connracn ~endor shall be subject to a fine of 10% percenu of the contracts that the pertinent violating individual supervisor, manager, or administrator oversee§, not ~o exceed s50,000. In addition, the conuracn vendor shall be pun on probation for three years. An annual review shall be conducted by the Suffolk County Department of Audit and Control. Third violation within a three-year period subsequen5 to a first violation: the termination of the agreemenns with such individual, partnership, corporation, joint venture, business organization, or other entity overseen by the pertinent violating individual supervisor, manager, or administrator and the withholding of all payments to said individual, partnership, corporanion, joint venture, business organization, or other entity for such agreements regardless of whether such paymenns are for pasu or future goods or services. The contrac5 vendor shall not be eligible for funding from the County for three years from the date of such termination 577-18. Authority to issue rules and regulations. The Suffolk County Department of Law is hereby authorized, empowered, and directed to issue and promulgate such rules and regulations as shall be deemed necessary and appropriate to implement the prQvisions of'this article. Gratuities §386-1 GIFTS TO PARTY OFFICIALS §386-1 CHAPTER 386 POLITICAL PARTIES, GIFTS TO OFFICIALS OF § 386-1. § .386-2. § 386-3. § 386-4. § 386-5. Definitions; Prohibited acts. Clause required in all contracts, Penalties for offenses. Excepted contributions. [HISTORY: Adopted by the Suffolk County Legislature 12-9-80 as L.L. No. 32-1980. Amendments noted where applicable.] §386-1. Definitions. As used in this chapter, the following terms shall have meanings indicated: AGREEMENT -Any written or oral contract or any implied contract, including but not limited to a contract for the sale of goods or services, a construction contract or a lease or contract relating to real or personal property. The term "agreement" shall also include any transaction whereby a person agrees to sell goods or services, or both, to the county pursuant to a successful bid. GRATUITY -Any money, benefit, entedainment, 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. It shall be a cnme 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 obtaining an agreement with the County of Suffolk or securing favorable treatment with respect to the awarding or amending of such agreement or the making of a determination with respect to the performance of such agreement. § 386-3. Clause required in all contracts. In all agreements with the County of Suffolk made after the effective date of this chapter, there shall be written representation by the person entedng the agreement with the county that he has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of this chapter. § 386-4. Penalties for offenses. 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 candida, res 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 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 wdtten agreement between Suffolk County and a contractor or vendor to do or perform, any kind of labor, service, purchase, construction or public work, unless the contract is for a federally or state- aided, in whole or in part, program required to be bid pursuant to § 103 of the New York General Municipal Law. [Amended 6-29-1993 by L.L. No, 28-19934] 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 arrey 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 informatio_~ that may be useful to elected county officials in determining whether or not specific types of contracts are in the public interest, especially in light of recent trends towards privatization and use of outside consultants on an increased basis by municipalities. Therefore, the.purpose of this law is to eliminate many of the exemptions from completing and filing verified public disclosure statements with the County Comptroller available to certain contractors providing social services or health services contracts. CONTRACTOR or VENDOR [Amended 12-18-1990 by L.L. No. 41- 19902; 6-29-1993 by L.L. No. 28-19933] - Any proprietorship, partnership or closely held corporation which has a co~ntract with Suffolk County in excess of one thousand dollars ($1,000.) or which has three (3) or more contracts with Suffolk County, any three (3) of which, when combined, exceed one thousand dollars ($1,000.), except: (1) Hospitals. (2) Educational or governmental entities. 1 Editor's Note: This local law was adopted by the legislature after disapproval by the Executive on 5-26-1993. 2 Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive on 12-13-1990. See the note at § A4-12. 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 I of 3 (3) Not-for-profit corporations. (4) Contracts providing for foster care, family day-care providers or Child protective consulting services. FULL DISCLOSURE CLAUSE - A proviso to be included as a material pad of a contract imposing upon the contractor or vendor a material, contractual and statutory duty to file a verified public disclosure statement. VERIFIED PUBLIC DISCLOSURE STATEMENT - A declaration, the contents of which are acknowleclged before a notary public, containing information required under this section. A full disclosure clause is to be included in all future contracts between Suffolk County and a contractor or vendor. Such full disclosure clause shall constitute a material part of the contract. C. Notice of the full disclosure clause shall be included and made a part of the specifications, if any, which are submitted to interested potential bidders. Each contractor or vendor shall file a verified public disclosure statement with the Comptroller of Suffolk County as soon as practicable prior to being awarded the contract. An updated disclosure statement shall be filed by the contractor or vendor with the Comptroller by the 31st day of January in each year of the contract's duration. It shall be the duty of the Comptroller to accept and file such statements. No contract shall be awarded to any contractor or vendor, as defined in this section, unless prior to such award a verified public disclosure statement is filed with the Comptroller as provided in this section. Any verified public disclosure statement containing fraudulent information shall constitute, for all purposes, a failure to file such statement in the first instance. F. The verified public disclosure statement required by this section shall include: (1) A complete list of the names and addresses of those individual shareholders holding more than five-percent interest in the firm. (2) The table of organization for the company shall include the names and addresses of all individuals serving on the board of directors or comparable body, the names and addresses of all partners and the names and addresses of all corporate officers. The contractor or vendor shall conspicuously identify any such person ih 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 pr0fit-and-loss statement, cedified by a certified public accountant. Such statement shall be the most current available and in no event shall have been prepared more than six (6) months prior to the date of the filing of the bid. No financial statement or profit-and-loss statement shall be required from any contractor or vendor having fifty pement (50%) or more of their gross revenues from sources other than the County of Suffolk. A' separate folio for each company shall be maintained alphabetically for public inspection by the Comptroller. Remedies. The failure to file a vedfied public disclosure statement as required under this section shall constitute a material breach of contract. Suffolk County may resort, use or employ any remedies contained in Article 2 of the Uniform Commercial Code of the State of New York. In addition to all legal remedies, Suffolk County shall be entitled, upon a determination that a breach has occurred, to damages equal to fifteen percent (15%) of the amount of the contract. Under no circumstances shall the county be precluded from invoking any remedy contained in the preceding section by reason of its failure to invoke promptly its remedies. Page 3 of 3 Suffolk County SCEX Form 22 Contractor's/Vendor's Public Disclosure Statement Pursuant to Section A5-7 of the Suffolk County Administrative Code, to be completed by all providers which have a contract'with Suffolk County in Excess of $1,000 or have three or more contracts with Suffolk County any three of which, when combined exceed $1,000 except: (1) Hospitals, (2). Educational or Governmental En. tities, (3) Not-For-Profit Corporations, or (4) Providers of Foster Care, Family Day Care or Ch~d Protective Consulting Services. 5.b Contractor'sNendor~s Name Town of Southold Address PO Box 1179 City and State Southold, NY Zip Code 1197'1 Contracting Department's Name Economic Development Address_ H. Lee Dennison Buildin.q - 2nd Floor~ Hauppauge, NY 11788 Payee Identification or Social Security No. Type of BusinessCorporation Partnership__Sole Proprietorship Other Is your firm entering into or has your firm entered into a contract with Suffolk County in excess of $1,000 Yes No. Has you r firm entered into three or more contracts, including the one for which you are now completing this form, with Suffolk County, any three of which, when combined, exceed $1,000 Yes No. If you answered yes to either part 5a or 5b, you must complete parts 6 through 9. In any event you must answer parts 10 and 11. Table of O~anization. List names and addresses of all principals; that is, all individuals serving on the Board of Directors or comparable body, names and addresses of all partners, and names and addresses of all corporate officers. Conspicuously identify any person in this table of organization who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary.) = List all names and addresses of those individual shareholders holding more than five percer~t (5%) interest in the firm. Conspicuously identify any shareholder who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary). 10. Does your firm derive 50% or more of its 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 prof statement. These statements must be certified by a Certified Public Accountant. (Strike this out if not applicable.) The undersigned shall include this Contractor'sJendor's Public Disclosure Statement with the contract (describe general nature of the contract). Page 1 of 2 SCEX Form'22 11. 1'2. true. Pdnted Name of Signor: Title of Signor: Name of Firm: 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 in Article II of the Uniform Commercial Code of the State of New York. In addition to all legal remedies, Suffolk County shall be entitled, upon a determination that a breach has occurred, to damages equal to fifteen percent (15%) of the amount of the contract. Verification. This section must be signed by an officer ar principal of the contractor or vendor authorized to s~gn 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, / Individual Proprietorship or Partnership Acknowledgement State of ) ) County of ) On the ~ day of SS: , 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. L[NOA J. COOPER NOTARY pUBLiC, State of Nev¢ York No- 48225B3 Saffo~k Term F~¢res,.~ -~ / ~0~ C / Corporate Acknowledgement State of ) ) County of '- ) SS: On the ¢2,~,~ day of /¢,~w/~- , 20 o~ , before me personally came ..7,~.~//~zn y 140,~,.-¢,~ , to me known, who being duly sworn, did dispose and say that he/she resides in ~'4L=~-~Po ,~ ~- , that he/s-h~ is the of ,.~'oc/77'¢~.b '7~¢-~.4~ corporation described in and which executed the foregoing instrument; that he/~te 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 ~GN~A J, coOPER SCEX Form 22 (Rev. 7/16/02) ~o. 48~5s~, Referen'ce: Suffolk County Administrative'Code Section A5-Te~w- ~¢~s, Page 2 of 2 SCEX Form 22