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HomeMy WebLinkAboutSTOP DWI Program 2004 ELIZABETH A~ NE~LE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER.. ~ -- RECORDS MANAGEMENT OFFICER Fi~EEDOM OF Ilq:FORM~TION OFFICER Town H~ll, 53095 Ms/n Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.ncr~hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TInS WAS ON MARCH 23, 2004': ~Y)LLOWING RESOLUTION NO. 253 OF 2004 MEETING OF THE SOUTHOLD TOWN BOARD RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervis0~r Joshua Y. Horton to execute an agreement with the County. of Suffolk for the 2004 STOP-DWI Program, for the term January 1, 2004 through December 31, 2004, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk SUFFOLK CO~TY DE?ARTt~ENT QF LABOR -LiVING~WAGE~ UNIT CERTIFI_ CATION OF _THE NON-APPLICABILITy OF T~_E. LIVING WAGE. LAW. Liv#*g Wage Law, Suffolk County Code, Chapter 347 (2001) EMPLOYER NAME: TOWN OF SOUTHOED 2) ADDRESS: Route 25. PO Box 911, Peconic, NY 11958 3) CONTACT: .Carlisle E. Cochran, Jr. / 4) TELEPHoiNrE #: 63~ 765-2600 5) PROJECT NAME: ( IF DIFFERENT FROM #1) STOP -DWI Prograro 6) ORIGIN OF ASSISTANCE SOUGHT: (e.g., State or County assistance prograra and contracting Department). County of Suffolk, Office of the County Executive 1/1/04 - 7) AMOUNT OF CONTRACT: ~19.000.00 8) TERMOF CONTRACT: 12131 f04 9) BRIEF DESCRIPTION OF PROJECT OR SERVICE: Increased enforcement of New York State Vehicle and Traffic Laws relating to _ drinking and driving available to the residentsof Suffolk County 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: I hereby attest that the provisions of Suffolk County Local Law No. 12-2001, the Suffolk County Living Wage Law, are not applicable to this agency, organization, employer, contract or assistance applied for. I declare under penalty of perjury under the Laws of the State of New York that the undersigned is authorized to provide this certification, and that the above attestation2~ true and correct. hua Y. Horton, Supervisor print Name & Title 4122104 Vendor # COUNTY OF SUFFOLK OFFICE OF TIlE COUNTY EXECUTIVE Ste*e Levy COUNTY EXEC1JT[VE TO.' FROM: DATE: RE: ALL STOP-DWI CONTRACTED AGENCIES Douglas Death, Highway Safety Program Manager January 12, 2004 LIVING WAGE INSTRUCTIONS All Agencies contracted with Suffolk County are required to submit Forms with the Department of Labor regard/rig the Living Wage Law. If your agency is clairrfing aa exemption, form LW-3 is the only form that needs to be completed. Otherwise you must complete forms LW-1, LW-2, aJad LW-33. 'To comply with form LW-i #11 & #12 you must attach a brief letter stating: a) this contract w/ll not canse you to hire any new employees; b) minimum hourly wage of your officers with health benefits; c) minLmum hourly wage of your officers without health benefits; d) minimum number of compensated days off including vacation, holidays and personal. If you have any questions or require further assistance please do not hesitate to contact me at 853-5720. COUNTY OF SUFFOLK · OFFICE OF THE COUNTY EXECUTIVE Steve Levy COUNTY EXECUTIVE July 7, 2004 The Honorable Joshua Y. Hotton Supervisor qf Southold Town Town Hall, 53095 Main Road Southold, New York 11971-1682 Dear Supe~Asor Horton: Enclosed please find the fully executed 2004 Agreement between Suffolk Crnmty and the Town of Southold. I have atso enclosed a supply of claim vouchers, monthly expenditure reports and arrest reports for your use Please forward these to the appropriate person. If you have any questions or are in need of add/fional materials, please feel free to contact our office at 853-5012_ MPL:dd Enclosures cc: Chief Carlisle E. Cochran, Ir. Southold Town Police Department STOP-D~I Coordiaator Suffolk County STOP-DWI Claim Payroll Register Month of ,20__ Personal Ser~Sces - Page 2 Voucher #: Cl~m~ngAgency: Instructions: Use reis form to detail ali Fringe Benefit Expenses for 5'our project, for r/de period claimed. Subnfit this form together wi~ a Standard Suffolk County Voucher to insure prompt processing. Fringe Benefit Expenses must be part of your original contract to be considered vahd expenses. Check Date Number Payee Job Title Service Period Amount CERTIlrICATION: I certify that the above [rd-ormarion is just, true and correct: that no part thereof has been previoualy reported, and that such expenditures are proper and necessary. Projeer Director or Fiscal Officer: Date: /__/ Si~aature and Title Note: This m~ster is sufficient verification to support your claims. DO NOT send additional material such as time cards, check stubs, etc. at this time. You must maintain such documents of file, however, to support imerim or post-audit of project expenses. Use Page 1 oft, his form to record Salaty/~Vage costs for this project. Suffolk County S~oP-D~;~3 Claim Payroll Register Month of Personal Setw-ices - Page 1 Voucher #: Claiming Agency: Instructions: Use this form to detail all Salary/Wage Expenses for your project, for the period claimed_ Submit tiffs form together with a Standard Suffolk County Voucher m insure prompt processing. Check Date Number Payee Job Title Service Period Amount CERTIFICATION: I certify that the above information is just. true and correct: that no part thereof has been previousIy reported, and that such expendi rares are proper and necess~y. Project Director or Fiscal Officer: Signature and Title .Date: / / Note: This register is sufficient verification to support your claims. DO NOT send additional mater'ial such as time cards, check stubs, etc. at this time. You must maintain such documents of file, however, to support interim or post-audit of project expenses_ Use Page 2 of this form to record l~inge benefit and Consultant cusrs for this project only if they are part of your contract budget. 200~ LWq I~RM 12. ~leeted WaneLevels . Attsoh a ~ ~ LW-~ ~ ~e f~o~g ~o~ 1, Min/mum hotuty wage of a polio~ officer - $14.64. 2. Minimum $$ benefit package cost. $7,~53.52 per annum. 3. Mia/mUm iRlmber of comtgm~ed days off ora police officer- t9 we~ .-_'on days 4 pe~nn~l cays 15 si& days IiI holidays DECLARATION OF COMPLIANCE - SUBJECT TO AtYDiT Living Wage Law, S uffc~Ik County Code, Clnapter .347 (2001) t/we hereby agree ro comply w-ith ail the provisions o£ Suffolk County- Local Law- Rfc. [2-2001, the Suffolk Co;tory Living Wage Law (the Law) and, as s,~ch, will provide to all £~I, pamfime or temporary employed persons who per~oxm work or render sera'ices on or for a project, marrer..¢ontracl or sabcontmcf whore rids company has receix~ed Assistance, fi:mn ~ke County of Suffolk as defined in the Law (Assistance), a wage rare of no less than $9.00 per hour worked with health be.~efits, as describe~ in the Law, or otherwise $10~25 per hour or the rates as may be adjusted armual2y in accordance Mth the Law-. (Chap~f. 347-311) I/we further a~eo that any tenant or leaseholder of this company that employs at least tan (10) persons and occupies property or trees equipment or property ~at is £mproved or developed as a rosult of Assistance or any con~ractor or subcontractor of this company that employs at. least ten (10) persons ~ producing or providing goods or services to this company that are used in the project or matter for ~Sfich tMs company has received Assistance shall comply with all the provisions of the Law, indud/ng those specified above. (Chapter347-2) Fwe further agree to permtt access to work sites ~_n.d re!e,:ant pa)co!] records by author:,z~ CotmB~ representatives fox' the purpose of monitoring compliance wJflt regulation under th/s Chapter of ~e SuffNk County Code, ktvest~gating employee compla/nts of noncompliance and evaluating the operation and effects of this Chapter, including the production for inspection & copp4ng 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. Ail payroll and benefit records requked by the County will be maintained fox' inspection for a similar period of time. In addition, aa annual report of employment activities, including relevanr i~articulars of each co-~-ered employee, will be provided to the ComB' for the/r tiles. (Chapter 347-~ E) The County Department of Labor shall review the records of amy Covered Employer ar least once every three years to verify compliance with the provisions o£ the Law. (Chapter 347-4 C) t dectm'e under Penalty of perjury under the Laws of the State of New York that the undersigned is authorized to provide this certification, and Print Name & Title Town of Southold Company Name that the above is tree and correct. Date CounV Vendor # (ifknovm) 116001939 FedemI Employer ID# (631) 765-2600 Phone# LW-33 SUFFOLK COUNTY DEPARTMENT OF LABO.R -LIVZNG WAGE CERTIFICATION OF COMPLIANCE LMng Wage Law, Suffolk County Code. Chapter 347 (2001) To be Completed by Applicant~Employer/Contractor I/we hereby agree to comply with al! the provisions of Suffolk County Local Law No. 12-2001, the Suffolk County Living Wage Law (the Law) and as such will provide to ali full, part-time or temporary employed persons who perform work or render services on or for a project, matter, contract or subcomract where this company has received Assistance, from the CourtW of Suffolk as defined in the ,Lfiw (Assistance), a wage rate of no less than $9;00 per hour worked v~Sth health benefCts, a~ described in the Law, or otherwise $10.25 per hour or the rates as may be adjusted annually ia-accordance with the Law. I/we further agree that any tenant or leaseholder of this company that employs at least ten (I0) persons and occupies property or uses equipment or property that is improved or developed as a resuIt of Assistance or any contractor or subcontractor of this company that employs at least ten (t0) 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. I/we further agree to permit access to work sites and relevant payroll records by authorized County representatives for the purpo~ se of monitoring compIia_n_ce with regtdafion und~ ~Js chapter of the Suffolk County Code, investigatiflg employee complaints of noncompliance and evaluating the operation and effects of this chapter, including the production for inspection & copying of pay/ell records for any or ali employees for the term of the contract or for five year% whichever period of compliance is longer. All payroll and benefit records required by the Couaty 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, wit[ be provided to the county for their files. I declare under penalty of perjury under the Laws of the State of New York that the undersigned is authorized to provide this certification, and that the above is true and correct. Signature/"'-- ' '" Date Joshua Y. Eorton, Supervisor Print Name & Title County Vendor # (if know~) 116001939 Federal Employer ID# Town of Southold (631) 765-1889 Company Name Phone # This certification is submitted with proposal nUmber . from .(Awarding Agency). LW-2 Revised 9/~/02 ~ontrac~.Covcr~d ~ the Excerpt from Living ~tragc 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 m a contractor with ten (10) or more emptoy¢es by the County of Suffolk for the furnishing of serv}ces [o 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 amount 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 defm/tion." LW-3 Kex, Ssed 9/5/02 Law No. CE001MI00~-04R Rev. 01/13/04 STOP-DWI Municipal Enforcement Agreement No. 001-1234-4980-69-000 @ IFMS No. SCS EXE 0000000 Agreement This 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 Of- fice of the County Executive/STOP-DWI Program (Department), located at It. Lee Dennison Bnilding, 11~ floor, 100 Veterans Memorial Highway, Hauppauge, New York (mailing address: Box 6100, Hauppauge, New York 11788- 0099) and Town of Southold (Contractor), a New York municipal corporation, having its principal place of business at Town Hall, 53095 Main Road. Southold, New York 11971-1682. The parties hereto desire to make increased enforcement of New York State vehicle and traffic laws relating to drinking and driving available to the County. Sufficient funcVmg exists in the 2004 Suffolk County Operating Budget. Term of Agreement: Shall be January 1, 2004 through December 31, 2004 Total Cost of Agreement: Shall not exceed $19,000.00 Terms and Conditions: Shall be as set forth in Exhibit A and Exhibit entitled "Suffolk County Le~slative Re- quirements Exhibit for Contracts." In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. The Honorable Joshua Y. Horton [Please print name and title uoder $i. gn. alatre] Fed. Taxpayer ID #: Approved as to Form, Not Reviewed as to Execution: Christine Malafi Suffolk CounW Attorney eatrici~ IVY. Jordan Assistant County Attorney Date: ~/~ ~/t::9:5~ County of Suffolk Paul Sabatino, II Chief Deputy County Executive Approved: By: Da~: Eileen M Kremers STOP-DWI Coordinator Law No. CE001MI0012-04YNA Rev. 7/30/04 STOP-DWI Municipal Enforcement IFMS No. EXE 00000009328 First Amendment Amendment of Agreement This is the First Amendment of an Agreement, (Agreement) between the County of Suffolk (County), a municipal corporation of the State of New York, having its principal office at the Count5.' Center, Riverhead, New York 11901, acting through its duly constituted Office of the County Executive/STOP-DWI Program (Department), located at H. Lee Dennison Building, 11th floor, 100 Veterans Memorial Hi~ghway, Hauppauge, New York (mailing address: Box 6100, Hauppauge, New York 11788-0099), and thC~Town of Southoid (Contractor), a New York municipal corporation, having its principal place of business at To~t Hall, 53095 Main Road, Southold, New York 11971. The parties hereto desire to amend the Agreement by modi~Sng the Workplan and Budget and adding $4,800 to the Total Cost of Agreement for the 2004 contract period as set forth herein. Sufficient funding exists in the 2004 Suffolk Count' Operating Budget. Total Cost of Agreement: Shall not exceed $23,800. Terms and Conditions: Shall be as set forth in Exh/bit A-1 attached. In Witness Whereof, the parties hereto have executed this First Amendment of Agreement as of the latest date written below. The Honorable Joshua Y. Horton Supervisor of the Town of Southold name and title under signature] Fed. Taxpayer ID #: 11-6001939 Date: Approved as to Legality: Christine Malafi Suffolk County Attorney Patricia M. Jordan Assistant Count' Attorney Date: County of Suffolk Paul Sabatino II Chief Deputy. County Executive Date: Approved: Maria Perez-Lent ,~ STOP-DWI Coordinator page 1 Law No. CE001M/0012-04YNA Rev. 7/30/04 STOP-DWI Municipal Enforcement IFMS No. EXE 00000009328 First Amendment EXHIBIT A-1 Whereas, the County and Contractor have emered into an Agreement (Law No. CE0011W0012-04YN), for a term from January 1, 2004 through December 30, 2004 to make increased enforcement of New York State vehicle and traffic laws relating to drinking and driving available to the County, and Whereas, the parties hereto desire to amend the Agreement by modif55ng the Workplan and Budget and increasing the Total Cost of Agreement by $4,800 as set forth below: Now, Therefore, in consideration of the covenants, promises and consent herein contained, the parties hereto agree as follows: Payment of Self, ices: The Total Cost of Agreement is increased to $23,800.00 for the 2004 contract period. Workplan: The Workplan annexed hereto as Exhibit B-1 is made part of the Agreement for the 2004 contract period. Budget: The Budget annexed hereto as Exhibit D-1 is made part of the Agreement for the 2004 contract period. 4. Gratuities: The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State 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 aith 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. page 2 EXHIBIT B-1 SUFFOLK COUNTY STOP-DWI 2004 WORK PLAN IMPAIRED DRIVER GRANT ADDITIONS Town of Southold The Primary goal of this project is the suppression of drunk driving through intensified police patrols to identify vehicle and traffic violations related to drunk driving. This will result in an increased number of arrests for driving while intoxicated and a reduction of alcohol related crashes and fatalities. The additional funding of $4,800.00 will be used by this agency to schedule police officers for overtime patrol duties exclusively to identify and arrest the intoxicated driver. The hours of enforcement shall include times and days which have historically reflected high incidences of dmnk driving, alcohol related crashes and fatalities. Scheduling may be organized due to seasonal traffic considerations and other activities related to incidences of drinking and driving, as well as, conforming to the below listed schedule. Scheduling of personnel will be dependent upon availability 6f staff.. The money will be divided into three sections of nearly equal mounts and used as listed below. 4. Expanded enforcement for the inclusive period of 7/2/2004 - 7/10/2004 5. Expanded enforcement for the inclusive period of 8/27/2004 - 9/12/2004 6. Expanded enforcement to be scheduled at the department's discretion ending not later than 9/30/04 -- End of Exhibit B-1 -- EXHIBIT D- 1 SUFFOLK COI_FNTY STOP-DWI 2004 BUDGET SUMMARY IMPAIRED DRIVER GRA~ ADDITIONS Town of Southold ITEMIZED EXPENDITURE CATEGORIES SOURCE OF FUNDS STOP-DWI TOWN TOTAL SHARE SHARE SHARE A. Personnel Services- Salaries $ 4,800.00 -0- Fringe Benefits -0- =O- Police Officer(s) at various rates established by public employees contracts Total of Personnel Services $ 4,800.00 -0- B. Commodities Equipmem -0- -0- Total Commodities Cost -0- -O- Total Personnel Services and Commodities -0- $ 4,800.00 $ 4,800.00 $ 4,800.00 $ 4,800.00 The total mount of this amendment is to be expended on or prior to 12/31/04 in accordance with the submitted Work Plan or any approved revisions/modifications to the Work Plan and/or Budget as provided by the contract between the County and the Municipality. All other costs related to administration, staff support and related operational equipment are in-kind contributed by the Municipality. -- End of Exhibit D-1 -- COUNTY OF SUFFOLK OFFICE OF THE COUNTY EXECUTIVE STEVE LEVY COUNTY EXECUTIVE RECEIVED 8 November 29. 2004 %utholrl Town Clef[ The Honorable Joshua Y. Horton Superx isor of Southold Town Town Hall. 53095 Main Road Southold. New York 11971-1682 Dear Supervisor Horton: Enclosed is the full3' executed amendment to Southold Town Police Department's 2004 STOP-DWI contract. The amendment reflects the additional funds 5'our police department will receive froln our office as a result of a grant Suffolk Count' STOP-DWI received from the Governor's Traffic Safety Colnmittee for the 2004 state fiscal year. The Chief of your department is aware of the additional funds. The funding is specifically used for enhanced enforcement efforts during periods of high incidences of drunk drMng, alcohol related crashes and fatalities {i.e., Fourth of July. Labor Day, etc.). The total amount of additional funding your department xx ill receive is $4.800.00. Thank you for 3'our attention and 3'our ongoing commitment to making Suffolk Count).: roads safer. Sincerely. Mari~ Pe~ent ,,~//1/L~'''~ STOP-DWI Coordinator MPL:dd Enclosures 2004 ' H LEE DENNISON BUILD[NG lO0 \E FEIL&NS MEMORLad_ HIGH kA\ - P O BOX 6IOC HAl PPAUGE N Y 11788 t63[~ 8534000 Table of Coatents for EXHIBIT A 1. SERS, qCE$ TO BE FE~FORSUED 2. QUALIFICATIONS OF PEP, SONNEL 3. SER¥1CE P~E C GP-~DS · ~ COUNTY SLrPZRVISION 5. COSTS AND TOTAL AMOUNT OF AGREEMENT 6. ~ETHOD OF PAYMENT 7. PAYMENTS SUBJECT TO POST-AUDIT ADJI_rSTMENT 8. ACCOUNTING PROCEDURES 9. CONTINGENCY I0. ASSIGNMENT 11. INDEPENDENT CONTIL~CTOR 12. INSUR)ANCE 13. INDEMNIFICATION 14. PUBLICATIONS 15. TERM ~4_ND TERNHNATION OF AGIEEEMENT 16. ADDRESSES FOR NOTICES, CLAIMS, REPORTS 17. COST REDUCTION 18. STUDIES OR RESEARCH 19. GRATUITIES 20. INTERGOVER_NME_NqJAL COORDINATION 21. NONDISCRIMINATION IN EMPLO~xqV[ENT 22. WORK EXPERIENCE PARTICIPATION 23. AGREEMEN~T SUBJECT TO APPROPRL4TION OF FUNDS 24. OFFSET OF ARREARS OR DEFAULT 25. CONTRACTOR'S STAFF 26. IN'FORMATION ACCESS 27. SALARY INCREASES 28. BL'qDGET DEFICIENCY PLANS 29. COUNTY DOCUMENTS, CON~*IDENTIALITY 30. FL~-RNITURE, FIXTURES, EQUIPMENT, MATERIALS, SUPPLIES 31. EXIIIRITS 32. MERGER; NO ORAL CHANGES E×~ES~T ~ SERxgiCES TO BE PERFOI~MED The duties of the Contractor shall be to carry out a STOP-DWI program, as more parPictdarly de- scribed in Exhibit B attached to and made parr of this A~-eement, The ConSracter specifically represents and warrants t~hat it has and shall poss.ess, and tha~ ~t~ employees, agents and =ucconrractors have and shaI[ possess~ the required education, l~mowledge, exped'ience and c_hmracter necessacv to qualify them for the particular dnfie~ they perform. 2. QUALIFICATIONS OF PERSONNEL The Cor~traetor a~ees that it wil! provide the County with relevant policies regarding the persormel qualifications for professional employes and that these policies shall be sub. ect to approw~l by tba 3. SER~CE RECORDS The Contractor shall maintain, or cause m be maintained, service a~d time records for each service provided un,er th~s Agre~men[, which will pemit the reporting o£ the pro~'eas of each service on a monthly basis. Such reports shall be submitted on forms to be px~vided or approved by the County in accordance with the instructions therefor. Such reports shall be in the format attach~ as Exhibit C, but shall nor neces- sarily be limited to the information specified. 4, COUNTY SUPER¥ISION It is agreed tkat the nature and extent of the services provided pursuant to this Agreement shalt be general superw~lon v~ the t.um~t~ ~ S · OP-DS, I .~oo.,~,ato. s Offi,-... The Contractor fur- thor agrees 2o conduct the aforementioned program in a skillful mamner to ~e best of its ability, and agrees to comply fully with the roles and re.lotions, criteria and guidelines for expenditure controls heretofore adopted or to be adopted by the Cotmt3r. Further, the Contractor a~'ees ~o provide data as required by the County by x,irtue of Section 1 t97 of the Vehicle and Traffic Law, 10 days after close of each month, on a monthly b~sis, in a form prescribed by the County. 5. COSTS AND TOTAL AMOUNT OF AGP,_EEMENT The Con~ractor expressly represents and agrees that expenditures shall be in accordance with the budget submitted to the County, which is hereby incorporated by reference and made a part of this Agree- ment as Exhibk D. 6. METHOD OF PAYMENT The County shall pay the Contractor monthly for se~'ices provided and costs incurred pumaant ro this Agreement on receipt of monthly claims to be submitted no later than twenty (20) days after the end of each month, together with appropriate reports and documentation providing acceptable evidence in support of said services and costs, in such form as prescribed by the County, and after audit and approval by' the County. Payments shall be reimbursements only of actual cash expenditures made prior to the date of claim submission and shall include only those monies appropriated for the County Operating Budget yea' referred to on the first page of th~s Agreement, No claims shall be payable until the Contractor complies with ali requirements to this Agreement that should have been complied vAth on or before submission of such claims. It is understood and a~'eed by the parties hereto that the amount to be paid by the County, as: set forth hereinabove, shall constitute the full obligation of the County in connection with this Ageement and any matter ,arising therefrom, CEt(1~4) Page 1 of 8 pages of Exhibit A (b) the County. 7. PAY3/LENTS SUBJECT TO P©ST~AUDIT ADJUSTS, lENT Ail pa)q:nents made hereunder are subject to audit ~ad adjustment by ~e Comptroller of the Cona~y pursuant to Artici? 5/of the Suffolk Coumy Charter and by the Stare or Federal Government ACC©UNTtNG PROCEDURES The Contractor shall comply, for the amount funded under this Agreement. with [he"Compn'od..r' ~ ' s Rules and Regularions for Contract Agencies", as promulgated by the Department of Audk and Control o~ Suffolk County, and any amendments thereto during the. term of tkis Agreement. 9. CONTINGENCY This, Agreement is subject to and contingent upon the County of Snffolk's coutirmance as a partici- pating Co;mty in the New York S.tate STOP-DWI Pro~a~a as provided by Section 1 t97 of the Yehicle and Traffic Law and upon approval of the Cnnn~?s STOP-DWI Plan for the Conn.- Operating Budget year referred to on the first page of this Ageement by the Commissioner of Motor Ve.~tcles of the Stare of New York. 10. ASSIGNMENT The C~ntractor shall not assign, transfer, convey, sublet or otherwise dispose of this A=m'eement, or any of its right, title or interest therein, or its power to execute this A~eemem~ or assign all or m:y portion of the monies that m~, be due or become due thereunder, to any other person or coq0oratioa, withom the prior consent in writing of the Connty, and any anempt to do any of the foregoing without such consent shall be of nc effect. INDEPENDENT CONTIiACTOR The relationship of the Contractor to the County shall be that of an independent contractor. Ac~ cordin~y, nei~er the Contractor nor any person hired by the Contractor shall be considered employees of the County for any purpose wkatsoever. 12. INSURANCE (ay The Con~ractor a~ees r© procure, pay the entire premium for and maintain fi~roughout the term of tkis A~eement insurance in amounts and type specified by the Connty. Unless otherwise specified by the Connty and ageed to by the Contractor, in writing, such insurance will be as follows: (i) Commercial General Lmb~hty Insurance, mcluding contractual coverage, in an amount not less than Two Milhon Dollars ($2,000,000.) combined single limit for bodily injury and property damage per occurrence. (ii) Workers' Compensation and Employer's Liability Insurance in compli- ance with all applicable New York State laws and regulations and Disability Insurance if required by law and shall furnish to the County prior to its exe- cution 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. ~ accordance with General Mnnicipal Law Section 108, tNs Agreement shall he void and of no effect unless the Contractor shall provide and maintain coverage during the term of this Agreement for ~e benefit of such employees as are required to be covered by the pr©visions of the Wo_kers Compensation Law, All policies providing such coverage shall be issued by insurance companies acceptable to CEi (i/04) Page 2 of 8 pages of Exhibit A (c) The Contractor shall furnish to the County certificgtes of insurance or. on request, original policies, evidencing compliance with the aforesaid insurance requkemenrs. In the case of commercial gen- eral liability insurance, said certificates or other evidence of insuranc~ shall name the County of Suftbtk as an additional insu?ed. Ali suc5 cel~ficares or other evidence of insurance shat provide for the County of Suffolk to be a certificate holder and ro be notified in writing thirty (30) days'prior to any cancellation, non- renewal or muter'n*2 change. Such certificates, policies or other evidence of insui'ance and notices shall be mailed to the Suffolk County R/sk Managemem and Benefit Division, H. Lee Dennison Building. 7~ Floor, 100 Veterans Memorial Highwa3; P. O. Box 6100, Hauppauge, N-Y 11788-00,99. or at such other 'address of which the Cotmty shall have.~ven the Contractor notice in writing, ~fthe Contractor ~ a to~n or other municipal corporation and has a self-insurance prograr~ under wl~ich it acts as a selfdnsnrer for any of such requh"ed cox~erage, it may provide self-funded coverage and certificates or other evidence of such setf- insm'a~ce in lieu of insm'a~ce issued by insurance companies, 13, trNT}EI~EFICATION The Contractor shall indemnify and b~old harmless the County, its consultant (if any), employees, agents and otaer persons £rom and against al! claim=, cost~, judgments, liens, encumbrances and expenses, including attorneys' fees, arising out of the acts or omissions or negligence of the Contractor, its agents, employees or subcontractors in connection with the services described or referred to in this Agreement. 14. PUBLICATIONS The Contractor shall not issue or publish any book, article, announcement, relport or other publica- tion relating to the subject program Mthout prior written permission fi'om the County. Any such publication shall contain the following statement: "This publication is fully or partially £unded by Suffolk County STOP-DWL" Furthermore, the STOP-DWI Logo shall be promlnentdy displayed co. any pv. blication, sigp~ or other printed materials. 15. TER3A AND TERMINATION OF AGlCA~ElVI'ENT (a) Term This Agreement shall cover the period provided on the first page thereof, unless sooner terminated as provided below, (b) Termination by Cmmty in the Pul~Iic Interest Notwittkstanding anything herein to the contrary, in the event that the STOP-DWI Coordinator (here- inafter, the "Coordinator") or her designee, determines, in her sole discretion, that termination is in the best interests of the County, the County reserves the right to terminate this Agreement for any reason at any, time. Such termination shall occur upon th/rty (30) days notice of intent to terminate to the Con.actor. Contractor shall have an opportunity for consukation wkh the Coordinator prior to termination. (c) Ternfinafion for Cause i. If the Contractor fails to fulfill in a timely and proper manner its obhgations under t2fis Agreement, or if the Con.actor falsifies its records or reports, or misuses its funds from what- e~er source, the County may terminate this Agreement in whole or with respect to any identifiable part of the pro.am, effective immediately, or, at its option, effective at a tater date specified in the nodce of such termination to the Contractor. CE 1 (t/04) Page 3 of 8 pages of Exhibit A ii. A failure to maintain the amount and ~}20es of nsurance required By this Agreement may resul~ in immediate term/nation of ahis A~'~ment, in the sole ¢iscretion of the Co6rd~ator. No prior notice to c[ee and or mmnl to temnnate shM! be reit ~rea. ill ~ emergency or o~her conditi~ involx~ing possible ~s of Iife~ E~'eat to h~t~ mud s~etv, desmtcr~on o~ proper~ or o~er condition deemed ~o be daagero~, m the sole ~s~renon of the Coordi~tor, may result in L~ame~ate te~nati0n of ins A~eement, in whoie or wi~ respect to any idenfifi~ie p~t of ~he progr~, in the sole di~re~on of the Coor~nator, ~ such eve~t~ no prior notice to cum ~d of ~tenl to te~d~e shall be required. : iv. Failure to comply with federal, State or local laws, rules, reguladons, or County poli- cies'or · recfive~ may r~sult in ira. mediate termination of this Agreement, at.~e sole disC~tkm o£ the C00r~nator; Ia SUch event, no prior notice to cta~ and of i~tent to ~er~naa s~al! be required. A failure on the pat of Contractor to observe any of the other terms and conditions of Il'ds Agreement on irs Fart to be observed and performed, which failure persists after the expiratiort of twenty (20) days from the date the Coordinator gives notice ~o cure. and of intent to terminate to the Contractor shall be deemed a breach of contract; providedi however~ that if the matter Which is the subject of the notice is of such a nature that it c~not reasonably be corrected within twenty (20) days, then nO breach of contract shall have been deemed to have occurred if Contractor, before the expiration of the twenty-day period, diligentI~ commences and prosecutes ~he same to completion. S oliciting bids, in good faith, for performance of Corrective work shall be deemed commencement of such work within the purview hereof. vi. The notice to cure and of intent to tm-minute shalI cai1 attention to the existence of the failure and particularize the claimed failure in reasonable detail, The notice shall also state the in, tended date o~ termination. vii. After a breach of contract has occm'red, the Coordinator or her desi~raee, in her sole djscretion, may terminate the Agreement. The Coordinator shall give written notice of such termina- tirrn and the Agreement shall expire as full3, attd completely as if that date were the date hereki origi- nally fixed for the expiration of the term. viii. Upan termination pursuant to the foregoing paragraph, Contractor acknowledges and a~ees that it shall not be entitled nor shall it make a claim for lost profits or loss of anticipated earn- ings because of termination. (d) Notice of Termination i. Notice of termination must be in writing, signed by an attthorized official, and sent to the other party by certified mail, or by messenger, and receipt shall be requested. Notice of termina- tion shall be deemed delivered as of the date of its posting by certified mail or az the time it is deliw ered to the other party by xnessenger. ii. Upon due notice of termination and as may be requested by fine Department, the Con- tractor shah provide Ce County with any information, records, or reports that are within the purview of this Agreement, subject ro any applicable provisions Of law or re~mJ, lations. The Contractor shall also relinquish title and possession of any furniture, fixtures, equipment, materials or supplies as specified in this Agreement. CE1 (I/04) Page 4 of 8 pages of Exhibit A iii. Upon receipt of a ter~Enatior, notice, the Contractor shal~ promptly discontinue all services affected uu_~ess otherwise directed . ' ~ - ' t' by the nonce of tezmmauon. Paj,~-ments upon Tern,~-m~_o~a i. The County shall be re/eased from any and ali responsibilities and obligations arising from the Program covered by this A~eement, effective as of the date of term/nation, but the Connty shaI1 be responsible for payment of ~i claims for services provided and costs incased by the Con- tractor prior to tem'dnation of the Agreement, that are pursuant to~ and after the Con,actor's com~2- anc~ w~th. the terms and con~tions of this A~eement. ii. Upon termination, the Contractor a~ees to promptly.reimbm'se to the County, by check payable to t~e Suffolk Comnty Treasurer, the balance of any funds paid to theConu'actor by the County. Upon terrrfination, any funds pa~d to the Contractor by the County which were used by the Contractor in a manner that failed to comply with the terms and conditions of this Agreement must be promptly reimbursed. If there ~s no responsd or if satisfactory repayments are net made, the CourtLy may recoup such p~ments from any amounts due or b. ecoming due to the Cemractor from the Count- under this Ageement or o~erwise. The provisiom of this subparagraph shall sm'vive the expiration or termination of the Agreement. (f) Term~natJon By Contractor The Contzactor may terminate Ch2s Agreement by giving not less than sixty (60) days prior written notice to the Department, specifying the reasons for termination and the effective date of termination. 16. ADDRESSES FOR NOTICES, CLAIMS, REPORTS (a) Any communication, notice, claim for payrnem, report or other submission necessary or re- quired to be made by the Contractor to the County or its designated representative shall be deemed to have been duly made upon receipt by the County or/ts designated representative at the following address or at such other address as may be specified in writing by the Cotm**y or its designated representative: Office of the County Executive STOP-DWI Program 100 Veterans Memorial Highway - ltmFloor P. O. Box 6100 Hauppauge, New York 11788-0099 (b) Communications or notices to the Contractor shall be deemed delivered when ma~led to the · Contractor at the address designated in tiffs Agreement or such other address as the Contractor shall fur- nish to tile County by written notice delivered to the County. 17. COST REDUCTION The Contractor agrees that where a rrdnimum level of service is not provided (as provided in para- graph 1 of tiffs Exhibit A and in Exhibit B), the County may rectuLre a modification in Contractor staff and other cost factors or may terminate this Agreement after giving notice in accordance with paragraph 15. 18. STUD]LES OR RESEARCH The Contractor agees that 2 must secure prior written approval of the County for any proposed smd2es or research. CE1 (1/04) Page 5 of 8 pages of Exhibit A The Con~racmr repmsems and warrants that it has not offered or given ~y gratuity [o ~.-' official. employee or agent of Suf~olk County or New York State or of any political par~y, wi~h ~e pu~ose or m~en~ of secmsng an agreement or secunng favorable ~ea~mxe~t wi~ aspect to the awning or amendin~ of ~ ~eemen~ or ~he ma~ng of any detern~ions ~d~ respect to the perform~c~ of an agreement and ~at ~e signe~ of this _Agreement has read ~d is f~21i~ wkh ~e prov~ions of Loca! Law No. 32-i 980 of Suf~ folk County (Chapter 386 of the Suffolk County Code), !NTE. RGO~NM~NTAL COO~tNATION The Contractor sh~l c~rdinme at! liaison wi~ u~s of federM, sram mud local governmem m con- nection wi~ the program ~rough ~e Depa~nn 2L NOND~C~NA~ON IN ES~LO~ENT h ~cor&nce with Article 15 of the Exec~ve Law (~so ~o~ as ~e Human RlghU Law) and all other Coumy,:Stare ~d Feder~ ad~ds~ative, statutory and constimtion~ nondiscrl~naRon provisions, · e Con~mcmr s~t not di~e against ~y employee or appRcant for emplo~ent became of race. creed, color, sex, naSon~ orion, ~e, ~s~itity, Vie~ ertl veterm stares or m~ital status, 2% WO~ E~ER~JCE PARTIC~A~ON ~ the Contractor is a nonprofit or govament~ agency or institution, at ~1 times during ~e tem~ of this A~-eement, each of the Contractor's locations in Suffolk County at which services are provid~ under · is Agr~menr sh~ be a work site for pub~c-assist~ce chents of Suffo~ County p~u~t to Local Law No. 15-4993. ~ no Memor~dm of Underst~ding ("MOU') wi~ the S uffo~ County Depg~ent of Lair for work experience is ~ effect ar ~e begiming of ~e te~ of ~s Agreement, the Contractor, if ir is a nonprofit or governmental agency or imri~on, shall enter h~to such MOUm soon as P°ssible after the execmion of t~s Agmemem, ~d f~ure to enmr hto or m perform ~ accordance w~th such MOU sh~l be deemed to, be a f~lure to ~rfo~ ~ accor4ance with this Agre~enr, for which the County may withh~d pa~em, rem~inate t~s Agreement or exercise such other reme~es as maybe appropr~m in the ckcum- 8t~ces, 23. AGREErv~NT SUB.CT TO APPROPRi~ON O~ FCNDS T~s Agreement is subject to the amount of funds appropriated ~d ~y subsequent mo~Sca~ons thereof by the Suffo~ Conmy ~gislamre, ~d no liability sh~l be incurr~ by the County under this Ageement beyond the amount of funds appropriate4 by the Legislature for the progam covered by ~is Agr~ment, 24. OFFSET OF ARREA~ OR DEFAULT The Contractor w~ants ~at it is not, and sh~l not be dung ~e arm of this Agreement, in re'ream to ~e County for taxes or upon debt or con~act and is not, ~d shall not be during the term of this Agee- merit, ~ &hult as st~ety, con~ac{or or otherwise on ~y obligation to the County, ~d the Contractor agues that ~e County may with~td ~e amount of ~y such a~earage or defaUlt from ~omts payable to the Contractor under this Agreement. 25, CONT~&CTOR'S STAFF The Coun~ sh~l have the hght m prior approval of the filling of any position now vacant or here~- ter beco~ng vacant and may, in exercise of that right, promulgate re~onable regulafio~ involving position control, which sh~l, when promulgate4 be deemed m be inco~orared by reference in and made p~ of ~is Agreement. CE1 (1/gM) Page 6 of 8 pages of Exhlbit A 26. INF©RMATiON ACCESS Subject re any applicable provisions o£law or regulaticms, tge Depa£xment-sh~2 not be denied access to any mformafi-~a, records, or reports that are within the p~rvSew of this Agreemem. 27, SALARY iNCREASES No salary, w~e or oilier compensation for services shall be increased over the amount stated i~ the attached budget (Exhib/t D~ without the prior written approval of the County. BUiDGET DEF.tCLENCY PLANS The County has imposed and may impose budget deficiency plan(s). Upon written notification from r~e Department, the Co,~trac~or sha~! ?__m...~ly with the same resmcr/ons as are imposed upon the Depart- ment, a copyc~f wi~icl~ will be fm-aished w~th such notification and shall thereupon be deemed to be incorpo- rated by reference in anti made part of il-tis Agreement. 29. COU~Wr~ DO CU.-MENTS, CO~iDE~TIALITY Any records: reports or other documents of the Cotmty (if any-) or any of its Deparrrnenrs or agen- cies used by the Contractor pursuant to thSs A~eemenr or any documents created as a part of this A~mee- ment shall remain the property of the Coan~ and shatt be kept confidential in accordance with applicable laxvs, rules and re~Iations. FURNITURE, FIXTURES, EQEPi~PMENT, MA~RiALS, SiLIPPLLES (a) Purchases, Etc. Req~air~ng Prior Approval Prior t~ plac~g ~y order to pt~mhase, tara or lease tony 5dm~ture, ~tures, or equipment, (i) v~ued in excess of one hun&ed doll,s ($ t00.00) per u~t, or ¢i) included but not ite~zed, ~n ~e Budget, the Contractor shag submit to ~e County a wrkten request for approv~ to make such a proposed purch~e, ren~ or lease, with a list showing the quantity and description of each item, i~ intended location and use, estimated unit price or cost, extended price or ~sr ~a es~ated m~ cost of the propos~ order. Written approv~ of the Co~' is required before ~e Contractor may proceed wi~ ~e proposed pumhase, rent~ or Ieee of ~ni~e, fixtr~ms or equipment, g~l items p~chased w~l be new unless spec~catty described otherwise ~ the Budget. ~) ~rchase Praetors The Contractor agrees to follow- ~ &e generM practices that am deskgned m obtain klmk~e, fhx- roms, equipment, materlMs or supplies ar ~e most reasonable price or cost. The Coun~ r~e~-es ~e right m pumh~e or obta~ f~imre, fLxtures, equipment, materi~s or supplies for the Contractor for the p~ses of~is A~eement. ~the County exercises this right, the amount budgeted for the items so pumhased or ob- mined by ~e ~ty for the Contractor shall not be ~v~lable to the Con;factor for any pu~se wharso- (c) ~erest of Coumy The County shall re~n a propriet~~ inre~sr in ~i ~tmiture, removable fixtures, equipmem~ tanneri- es or supplies pumha~d or obt~ned by the Contractor and paid for or re~bursea to the Contractor by or from County ~nds pursuer ro ~e te~s offs A~eemenr or ~y prior a~eements. Upon the rer~nation of r~s A~eemenI. or of ~y renewal ~ereof, the ~scontinu~ce of the business of the Contractor, the fail- ure of t~e Contractor ro comply with the mrms of ~s A~eemenr, ~e b~xprcy of the Contractor, or an assignment for the benefit of its credito~, or the f~e of ~e Contractor m s~is~' anyjud~ent ag~nst k with~ t~ (30) days of fil~g, ~e County shafi have the ~g~t to t~e title ro ~d possession of ali such ~rnimre, remov~Ie fixtures, equipment, n~tefi~s an& sullies. ~d ~e same thereupon become the prop- etty of the County Mthout any cl~m for mimbarsemem on the p~ of ~e Contractor. As ~recmd by the CE1 (1/~) Page 7 of 8 pages of E~[bit A . ~he Comractor shall at_ach ~ennf,~ing labels on said property indicating the interest of the Ccunty~ .. (fl) Inyentory, Records~ Con~ro~s and The Contmc~r sh~l ~intam proper an~ acc~wme inventory records an~ contrcts icr alt suc~ r~e. removable fixates and eqmpment acquk'ed pursum~t to this A~ee~enr and ail prier a~eements, any, coYer~g the Pro~. Three (3) months before ~e ~er~nation date of ~ Agr~men[,.the shit m~e a physic~ count of a~ items of fu~ait~e, removab~ fLxmms and equipm~t ~ ~s custody, chec~ng each item aghnst the ~ores~d inventow records. A rep~ semng far~ ~e resuks of such col count s~ be prepped by the Contractor on a fo~ or for~ dehgnated by the C~muB', cool,ed ~nd si~ed'by an an~0rized, offici~ of the Contractor and one (1) copy thereof s~ll be deli¥~red, to the Coney M~ fi~ [5) ~ys afmr the dare set for the ~oresa~d p~/c~} caum. Wi~h~ fi~ (~5) days a~er mr~na~o~ of ~s A~ment, ~e ~nh'acmr sh~I sub~t ~o the Co~W s~ ~6) cop~es of ~ sine ~pon up~e'd ;re the retention d~te of ~s A~'~emenr, ce~fied ~d si~ed by ~ a~ofi~& ?ff~ci~ the Ca~tr~, ~a~d on a ph~ical count ~f~ items of ~r~mm, firm~s.,aad:~equcmmt removable on the afores~ }kr~aaon date, ~d revised, ff necessm¢', to include any iavemoo, c~es ~n} the ~t ~'ee (3) m~hs of ~e te~ of ~is ~reemenr, ¢) Protection of Property ~ Conmctor's Custody The Contractor shah mhnt~a vi~l~ce ~d t~ce ~1 reasonable precautions m protect the fixtures, equip~nt, materials or supphes in its custody agalns~ damage or loss by fire, bur~ary, the~, ~s- ~pe~ce, v~d~sm or ~s~e. ~ ~e event of b~glary, ~eS, vandalism or ~sappe~ance of any itet~ of hmimre, ~es, eqhpmem, mtefials or supplies, the Contractor s~I immediately nofi~~ the ~otice and m~e a re.rd ~ereof, inc!u~ing a record of the results of any investigation whic~ may be made thereon. the event of loss of or damage to any item of f~ture, fLx~es, eq~pmenr, materials or supplies fi'om any cause, the Contractor i~iatety sh~ send ~e County a detailed, written repo~ ~ereon. (~ D~pos[~on of Property in Contractor's Custody Upon ter~afion o~ ~e County's hnding of the Progr~ covered by t~s A~eement or by any newal her~f, or at any other time ~ar ~e County may ~mct, the ~ntractor sh~l m~e access ava~able ~d render all necess~- ~sist~ce for p~vsic~ removal by ~e County or im des~ of any or all furo- re, removable fixtures, equipment, materials or supphes ~ the Contractor's custody in which the County has a pmprietmT interest, in ~e s~e condition as such property was r~eived by the Con.acer, mason- able wear and m~excepted~ ~y ~sposiOon~ setaemenrs or adjustments cmmected with such prope~ sh~ be in accordance w~th the ~es ~d regulations of the County m~d the State of New Yo~. 31. EXHIBITS The following additional Exhibits are attached to and made part of this A~'eemenu B. Work Plan and Proposal C. Report Format D. Budget Suffolk Count5, Legislative Requirements for Contracts 32. MERGER; NO ORAL CI-IANGES It is expressly a~eed that this Agreement represents the entire agreement of the parties; that all pre- vious understandings are merged in this Agreement and that no modification of this A~eemem shall be xralid unless written and executed by both parties. - End of Text of Exhibit A - CEt (1/04) Page 8 of 8 pages of Exhibit A EXHBIT B SUFFOLK COUNTY STOP-DWI 2004 WORK PLAN Town of SounSold The Primary goal of this project is the suppression of drunk driving through intensified police patrols fo identify vehicle and traffic violations related ro drunk driving, This will result m an increased nmmber of arrests for driving while intoxicated and a l~educfiou of alcohol related crashes and famlities. Funding will be used by this agency to schedule police officers for overtime to patrol duties exclusively to identify and arrest the intoxicated driver. The hours of enforcement shall include times and days which have historically reflected high incidences of drtmk driving, alcohol related crashes and ,fatalities, Scheduling may be organized due to seasonal traffic considerations and other activities related to incidences of drinking and driving. Scheduling of personnel wit] be dependent upon availability of staff. --- End of Exhibit B --- Suffolk Comus; STOP-DS¥I Claim Payo~ ke?te~' Month of .~ 20__ Personal Services - Pg~c l Voucher #: Cia/ming A~ency: Insmtctions: Use this form to detail M1 Salary/Wage Expenses for yotrr project, for the period claimed. Submit this form together with a Standard Suffolk Couniy V cachet to insure prompt processing. Check Date Nm~ber Payee_. Job T~le Service Period AlllOllllt CERT]SrICATION: t carfi~? tlmt the above/n.fonnafior~ is just, ~'ue mud correct; that no pm~ thereof has been previously repbrted, and that such expenditures are proper and necessary. Project D[recter or Fiscal Officer: Signature and Title / Note: This re~s~er is sufficient verification m suppo~ your claims. DO NOT ae~d addkional n~terial such as trine cards, check stabs, etc. at tt~s time. You. must maintain such documents offfile, however, to support interim or post-audit ofpro~eet exisenses. Use Page 2 of fl~is form to record frhige l~ene:[it and Consultaat coors for tMs prejeel only if they are pm of your con~racr budget. Personal Services - Page 2 Voucher ~: Suffolk County STOP~DWI Claim Payi'61i Register ,20 Claiming Agency: __ Instructions: Use this form to detail all F~ge Benefit Expenses for your project, for the per/od claimed. Submit this form together with a Standard Suffolk CounOy Voucher to insure prompt processing. Fffnge Benefit Expenses muse. be part ofyo~ origi~mI contract to he considered va~d expenses. Cheek Date Number ~ Payee Job Title SemTice Period Am. oullt CERTIFICATION: I cextii=y that the above/nfo~-mafion is just, true and correct; filet no part thereof has bean previously reported, and that suck expenditu_~es are proper and necessary. Project Director or Fiscal Officer: Date: __ / / Si~amre and Title Note: This re~ster is sufflciertt veritfcation to support your claims. DO NOT send Mdifionat material such as time eat'ds, check stubs, etc. at t/is rime. You must mahataln such documents of ~e, however, to support intern or post-aud}t of pro~ect expenses. Use Page 1 of this form te record Salary/Wage costs for this project. Under To~al # of charges fQr.: .. 18 1192,1 t192.2 __ 1192.2 & ~ 21-24 1 ~2.3 __ 25-29 t192.4 4~44 ~o~t[ 4~49 ~tes 5~54 ~al~__ Total 11~2 Violations hy Day of Week 65-~9 Sunday 70 & Over Monday Tues~y Wedn~day ~nrsday ~day Saturday Total,,ll~r2 VD,lations bY time tu~ervaJs: 6:01am to 6:00 pm 6:01pm to 9:00 pm 9:01pm to 12:00 am 12:01 am io 3:00 am 3:0i am to 6:00 am Total 1192 V~o[at~ons bv B,A C # of refusals # of"results anavall.' .05 .06 .19 .07 2,0 .08 .2I ~09 .22 .10 .23 .11 .13 .26 .14 .15 .28 .16 .29 .17 __ .30 or greater Ext- rr SUFFOLK COUNTY STOP-DWI 2004 BUDGET SUMMARY Town of Southold ITEMIZED EXPENDITURE CATEGORIES SOURCE OF FUNDS STOP-DWI TOWN TOTAL SHARE SHARE SHARE A. Personi~el Services - Salaries $I9,000.00 -0- Fringe Benefits ~0- -0- Police Officer(s) at various rates established by public employees contracts Total of Personnel Services $19,000.00 -0- B. Commodities Equipment -0- -0- Total Cormmodities Cost -0- -0- Total Personnel Services and Commodities -0~ $19,000.00 -0- $19,000.00 $19,000.00 $19,000.00 The total amount of this contract is to be expended on or prior to 12/31/04 in accordance with the submitted Work Plan or any approved revisions/modifications to the Work Plan and/or Budget as provided by the contract between the County and the Municipality. All other costs related to administration, staff support and related operational equipment are in-kind contributed by the Municipality. --- End of Exhibit D --- County L~., ~ng Wa~e Requirements "Suffolk County Living We, ge Requirements Exhibit As Last Revised by the Suffolk County Department of Labo~ on 10/22/02~ (2 pa, gas), · Su¢olk County Department of Labor- Living Wage Unit Declaration of Compliance- Subject to Audit Form LW-33 (consists of 1 pegs) Child Sexual Abuse Reporting Policy · Chapter 577, Article IV, of the Suffolk County Code entitled "Child Sexual Abuse Reportin9 Policy" (3 pages). ill Gratuities Chapter 386 of the Suffolk County Code, entitled "Political Parties, Gifts to Officials Of" (2 pages). IV Contracbr's/Ver~dor's Public Disclosure Statement Form SCEX 22; rev. 7/16/02 (form consists of two pages; requires signsture & notarization) Note: The Contractor'sNendor's Public Disclosure Statement Form SCEX 22; rev. 7/16/02, references the following law, which is included With this Exhibit· · Suffolk County Administrative Code Section A5-7 (consists of 3 pages). As Last Revised by the Suffolk County Department of Labor on 10722/02 Pursuant t~ Section 6 of Chapter 34-7 of the Suffolk County Loon[ Law No, 12-200!, '% Local Law to Implement Living Wage Poticy for the County of Suffolk" (the "Living Wage Law"), all RFP$, County contracts and financial assistance agreements subject to the law shaJlcontain the folbwing two paragraphs or substantially equivalent language: This Agreement is subject to the Living Wage Law of the County of Suffolk~ The law requires that, un,ess specific exemptions ~pply, or a waiver is gra~ed, ali employers (as defined) under service contracts and recipients of county financial assis~nce, (as defined) shall provide payrne~t ef a mimmum wage to employees (as defined) of $9,00 per hour with health benefits of a~ least $1.25 per hour or o~tte~iae $1'0,25 per hour. Such rate shall be adjusted annually pursuant to the terms of the 'S~ffo/k County LMng 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 ~,ounty of our~oik provided rot certain amendments to the Living Wage Law. Forms for Compledo~ a~d/or Signature {as applicable) Suffolk County Depadment of Labor - Living Wage U~it Notice of Application for County Assistance (Contract) Form LW-1 (consists of I page) Suffolk County Department of Labor - Living Wage U~t Certification of Compliance Form LW-2 (consists of ! page) Suffoll~ County Department of Labor - Living Wage Unit Certification of the Non-Applicability of the Living Wa~e Law Form LW-3 (consists of 2 pages) Suffolk County Depa~me~ of Labor - Living Wage Unit Request for Genera~ Living Wage Exemption Form LW-4 (consists of 1 page) Suffolk County Department of Labor - Living Wage Unit RequeSt for Specific Living Wage Exemption Form LW-5 (consists ef 2 pages) 1 of 2 pages Note: Pursuant to Section 7 of Local Law No.'~ 8-2002, '% Local Law to Impleme~ Living Wage Policy for County of Suffolk". all =- ' cov..,eo employers subiect to the provisions of the Living Wage Law sha~l submit acornpleted and sworn (under penalty of perjury) Certification of Compliance Subiect to Audit form, signed by an authorized representative, as p~r[ of an executed contract with the County of Suffolk. The complete' Declarati~en of Compliance form sha~! be made a pa;,t of' any executed contract or project agreement and made a~/ai,~able to the pub[ic 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 'aw: 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 o To request and document a specific living wage exemption: Return Form LW-1, LW-2 and Form LW-5. In the event that there ~s 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 LMng 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 ~:¢ww. co.suffolk, ny.us Click Department Directory Labor Living Wage Law Info Suffolk County Department of Labor Living Wage Unit Tel, (631) 853-3808 End of Text for Suffolk County Living Wsge Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 10/22/02 2 of 2 pages Suffolk Country Liv~-~ Wag~ Requ~rerner~s F~hibit As Last. Revleed by ~ha Suffolk Oou;~ty Department of La~bor on 10/22/02 Suffo:k County Li¥ing ~¢a~ Requtre~-.n,s E×hibi~ ~, ~,~,. ~,y t,,e Suffoik County Department of Labor o~ 10/22/02 Pursuant to Section 6 of Chapter 347 of the Suffolk County' Loca! Law No. 12-2001. "A Local Law to implement Living Wage Poiicy for the County of Suffolk" (the "Living Wage Law"), all RFPs, County contracts and financial assistance agreements subject to the shalt contain the foilowin..c 1*,ye paragraphs or substantialiy 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 ~ waiver is granted, aliem, ployers (as defined) under service co~tracts and recipients of ¢ounb/finanobJ assistance, (as defined) shaJ/provide payment of a minimum wage to employees [as d~fined) of $9;00 per hour with health ber~efits of at teas~ $i .25 per hpur or other~ca $10.25 per houri Such rate shall be~'adjusted annuatly pursuant to the terms o:f the ~uffolk Courlty LMng 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. t 8-2002, "A Local Law to imp{ement Living Wage Policy for [he 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 U~it Notice of Application for County Assistance (Contract) Form LW-1 (consists of 1 page) Suffolk County Department of Labor - Livin~ Wage Unit Certification of Compliance Form LW-2 (consists of 1 Page) Suffoik County Department of Labor - Living Wage Unit Certification of the Non-Applicability of the Living Wage. Law Form LW-3 (consists of 2 pa~es) 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 I pages As Las~ Revised by the Suffcl.!< Couety Bepartmen~ Of Labor em 10/22/02 Note: Pursuant to Section 7 of Local Law No. t8- 2002, "A Local Law to' Implement Living Wage Policy for County o[ Suffolk"~ all covered employers subject to the provisions of the Living WAge Law shall submit a completed and sworn (under penalty of perjury) Codification of Oomptiance Subject to Audit form signed by an au!.horized representative, as ~rt of an execu~edicOn~ract w th ~he b°~nt~ of' S~ffOtk The'compete Decl~ra~ o~:o~;C~ ~0e ~o~m abaci be made ~ p~ of:any executed contract or p~ojec[ a¢~em~t and re'ado avai!~bJe to the pSb~c upon request. To cerbfy Liwng Wage comphance. 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-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.suffo[k.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 SUE_FOLK zCOUN LA OB R - £ U/fNG WAGE DECLARA'TIgN_ OF COi'~[?LL_4NCE. r SUBJECT TO ,<UDiT Living Wage Law, Suffolk County Code, Chapter 347 (200I) Applieant/ mp er/Caatractor L;we hereby agree to comply w-ith all the provisions of Suffolk County Local Law No. I2-2001, the Suffolk Cotmty Living Wage Law (the Law) and, as such, wilt provide to all full, pm~-fime or temporary employed persons who perfo~Tn work or render services on or for a pro~ec~, matter, contract or subcontract where this company has mceLved Assistance, from the CourtLy c~f Suffolk as defined in the Lav~ (Assistance), a wage rate of no less than $9.00 per hour worked with hen/fit be~eqits, as despribed in the Law, or otherwise ~10.25 per hottr or the rates as may be adjusted annually in accordance wiih the Law. (Chapte.'!' 34%3 B) I/we further agree that any tenant or teaseholder of this company that emploj~ ar least ten (10) persons and occupies property or uses equipmem 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 ia producing or providing goods or services to th/s company that are used in the project or ma~ter for which this company has received Assistance shall comply with all the provis/ons of the Law, including those specified above. (Chapter 347-2) I/we further agree to permit access to work sit~ aud relevant payroll records by authorized County representatives for the' propose of monitoring compliance with regulati°n under this Chapter Of the Suftblk County Code, hwesfgating employee complaints of noncompliance and evaluating the operation and effects of this Chapter, including the production for inspection & cops-Sug 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. Ail payroll and benefit records requked by the County x~q.li be maintained for inspection for a similar period of time. In addition, an annual report of employraent activities, including relevant ?articulars of each covered employee, wilt be provided to the County for their files. (Cliapter 34%? E) The County Departmem 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 ofperjur,' under the Laws of the State of New York that the undersigned is authorized to pr~de this certification, and that the above is tree and.correct. _ , Signa~ Date JoshUa Y. Horton~ Supervisor PrintName & Title County Vendor # (if known) Toxin of Southold Company Name (631) 765-2600 Phone # 116001939' Federa2 Employer ID# LW-33 C~%PTER ~77, ARTICLE iV Cki!d Se~ual .~bus~ Reporting Policy £Adopted 6-11- 2C02 by Res. ~o. 543-2C02] ~ 577-16. Polzsy sstabllahsd The county of Suffolk hereby establishes a formal child sexual abuse reporting poiioy as follows: Each Counsy Department that has a contract or agreement with any individual! partnership co~poratzon 3oznn~enture~ business organization, or other entity which receives pa}~.ents from the County of Suffolk, either directly or ss a co~uit for pa!~enn from another level of government, shall nouify such indivzdua! partnership, corporation, joint venture., business erganisation, or other enzlny that Suffolk County re~ires full compliance with the repsruiag and disclosure provisions of Subsection C of this section, as a condition pre~edem.~ ¢o receipt of such payment and continuing receipu cf such paymen5, in mkoss instances ~n which an allegation has been made ef sexual abuse of a minor by any employee or member of such contract vendor, including any member of the slsrp£~ invol~ing any of the following sex offenses: {1)~ape in the third degree~ ~ !30.2S Penal Law3 (2) Rape in. the second degree, ~ 130.30 Penal Law; (3)Rape in the first degree, ~ 130,35 Penal Law: (less t~an 17 years old} of the New York (less then 14 years old)of the New York (less than tl years old) of the ~e~ York (4)Sodomy in the third degree. ~ 130.40 (less than 17 years old) of the New York Penal Law; (5)Sodomy in tko second degree, S !30.~5 {less than 14 years o1~} of the ~-ew ~o~k Penal Law; ' ' (6}Sodomy in the first degree, ~ 130.50 {less than i! years old) of tko New York Penal Law; {7)sexual abuse in the uhird degree S 130,55 {less than 17 years old} of the New York Penal Law; {8)Sexusl abuse in the second degres ~ 130.60 {less than I4 years old) of the New York Penal Law; (9}Sek~al abuse in the first degree, ~ 130.65 {less than 11 years old) of the New York Penal Law; (10)kggravated sexual abuse in the third degree, ~ 130.66 {less than 11 years o!d~ of the New York Penal Law; (!l}Aggravatsd serial abuse ~n the second degree, ~ 130.67 (less than 11 years 01d) of the New York Penal Law; (12)Aggravated sexual abuse in the first degree, ~ 130.70 (less than 1t years old) of the New York Penal Law; (t3]C0urse of sexual conduc5 against a child in the first degree, S 130.75 {less than tl years old) of the ~ew York Penal Law; and (14]Course of sex,a! conduct against a c~ild in the second degree, ~ 130.80 {less than 11 years eld. of the New York Penal Law; (15)Sexual m~sconduet, .~ I30.20 ~sexnal intercourse without consent} of the New York Penal Law; {16}F~ro~ble touching, ~ 130.52 (sexual cr intimate parts} of the ~7ew York Penal Law; !7~Persistent sexual abuse, ~ 130.53 (:wo or more convictions within the past !0 years for less than 17 years old or 14 years old) of the New York Penal Law; {18)Aggravate~ sexual abuse in the fourth degree, § i30.65a (less tha/% !7 years old) of the New York Penal Law; {IS)Female genital mutilation Session 130.85 (!ess than 18 years old, nonmedical procedure~ of the New 'fork Penal Law; (~0)Pacilitating a sex offense with a controlled s~abstancs, § 130.90 (without consent to commit a felony} of the New York P~nal Law. B. Definitiom. s. For the purposes of this articls~ the following terms shall have the meanmngs indicated: CLERGY~ -- A duly anthorizeS bishop, passer, rector, prlest~ rabbi, minister, imam, eon or a parson having authority from, or in accordance ~ith the rules end regulations cz the governzng ecc±eskasszsa! Deep or the dencmlnatlon or ordsrr i~ uny 5~ which the church belongs, or otherwise from the church. sn~.-nagggue or mosque to preside over ~nd d!rec5 the spiritual affairs of the church, sltm~gogue, cz mosque es the =asa may be. MINOR -- ~m,?~ne un,er the age of i8 years of age; A~i supervisory! ad~inistratzve, or management employees of any zndividuai, partnership~ corporation, joint veneure~ business or~anlzammon or other enmity receiving pa~enm from the County of Suffoik~ either directly or as a conduit for paymens from another level of gcm~arnmens, ~nder agreemenu or contract wimk the Co~nty cf Suffolk, shall repore or cause a roper5 mo be made ms ail on the pertine~ village tc~., or counsy Police Department when he/she or it has reasonable cause so suspect that a miD_or coming before them is or has been the v~ic%lm of sexual abuse! or when another person or c!er~y person comes before them and senses from personal knowledge faots¢ conditions, or circumstances which, if correct, would render ~he minor a %iotim o~ sexual abuse under any of the following sex offenses, said reporting no occur within 24 hours of%er forming the reasonable cause or first learning of the altegatioD~: {Amended 8-28-2002 by Res. No. 819-2002] (t)Rape in the third degree, ¢ 130.25 Penal Law- (2)Rape in the second degree, § 130.30 Penal Law; {3)Rape in the first degrees ~ 130.35 ~=_nal Law~ (4)Sodomy in the third degree S 130,40 York Panel Law; (5)Sodomy mn the second degree, § 130.~5 ?c~rk Penal Law; (6)Sodomy in the first degree, ~ !30.5( York Penal Law; (7) Se~ual abuse in the third degrees ~ 130.S5 New York Penal Law; (8)Sexual abuse in the second degree, ~ I30.60 New York Per_al Law; (9) Se.~al abuse in the first degree, ~ 130.65 N~w York Penal Law; (less th~n 17 years old) of the New York ~less than 14 years old) of the New York ~less than il years old) of the New York (less than 17 years old] of the New ~less than i4 years old) of tko New ,less than 1! years old- of the New (lass than 17 years old; of the (less than 14 years old) of the (less than L1 years old) of the (tess than 11 years (lass than 1I years {less than tl years (10)Aggravated sexual amuse in the third degree. ~ 130.66 old} of tko New York Penal Law; (ii)Aggravated sexual abuse in tko second degree, ~ 130.67 old) of the New York Penal Law; (I2) Aggravated sexual abuse mn the first degres~ ~ 130.70 old) of the New York Penal Law; (13)Course of sexual conduct against a child in the first degree, ~ 130.75 (l~ss than 11 years old of the New York Penal Law; and {i4)Co~rse of sexual conduct against a child in the second degree. ~ 130.80 lless tha~ 11 years old~ of the New York Penal Law; (15)Sexual misconduct ~ 130.20 (sexual intercourse without consen$' of the ~ew York Penal Law; (16]Forcible touching, ~ 130.52 (sexual or inn!mate parle of the ~ew York Pa,.al Law; (17)Persistent sexual abuse. ~ 130.53 ~tws or mere convicsior_s within the paso !0 years for ~ess than !? years old or 14 years old) of the New York Penal (18)Aggravated sexual abuse in the fourth degree, ~ 130.65a (lass than 17 years eld) of the New York Penal Law; (13)Femaie 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 centre!led substance ~ 130.90 ~without constant eo co~mit a felony) of the New York Penal Law: %-- · Whenever a clergy person is required us report under this armicla~ zn his or her capaclmy as a member of the clergy, he or ohs shall lmmediamely notify the person in charge of' such cb_urch, slms..._agogue, or mosq~e~ or his er her 5eslgnsted agent, who shall then also become responsible co repor~ qr cause repo~s to he mede to 9!1 or the pertinenu village uo=~ or county Police Departm~u ~hen he or she has reasonable cause to suspect that a minor coming before them is or has bee~ the vlCLlm of sexual ~buse. or ~hem snoLhei c~ergy person comes before 51~em and snares from personal knowledge facts, conditions or c~rcu~ssances ~nich. cor,rec%, would render the minor a vlcuim of sexual abuse. [AT~e~.ded S-25-2002 by Res. N'o. 819-2002] ~o irkfsrmation derived from a confession or confidential communication to a c!er~]zman shall he disclDsed pursuant to aha requirements of t~is article if ~he confession or confidence is made no the ciergi~% in his or her professional cap~city as a spiritual advisor unless the parson se confessing o~ confiding waives this privilege, Ail conurac~ vendors covered by this article shall inform all of their employees in wrJ~mns as no the disclosure requirements of this article and shall also infor~ them that each cf them muse repor~ any allegatiene of child abuse covered in paragraph (Al of the 1st RESOLVED clause of this areicle ~o supe~vlso~3, management~ or desi~c~3_ated administrative personnel of the employer. 577-!7. Failure to tom.sly; penalties for offenses. Failure to comply with the norms and conditions of this aruicle shall result in the following: First violation: the contract vendor sbait be issued a warning and all supervisory~ administrative, and m~nsgement employees of such contract vendor shall be required to attend a child sex%~aI -~buse prevention/education workshop provided by a contract agency approved by the County of Suffolk via duly enacted resolution, which workshop skatl include specific skil!s~ for adults to help prevent childhood sexual abuse; skills that adults can teach children to help protect themselves from child/Toed sexual abuse; skills for detesting the signs of childhood sexual abuse; and how to report allegations of childhood sex~aal ~buse. The cost of this training shall be paid for by the con~ract vendor. In addition, the contract vendor shall submit a corrective plan of action to the S~ffolk County Office of Labor Relations. Second violation ~ithin a three-year period subsequent to a first violation: the contract vendor shall be subject tca fine of 10% percent of the contracts that the. pertinent violating individual supervisor, manage~, cr administrator om-ersess, not to exceed $50,000. In addition, the contract vendor shall be put 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 subsequent to a first violation: the termination of the agreements with such individual, partnership~ corporation, join~ venture, business organization, or other entity overseen by the pertinent violating individual supervisor, manager, or administrator and.the withholding of all payments to said individual, partnership, corporation, joint venture, business organization, or otherentity for such agreements regardless of whether e~ch pays, eats are for past on future goods or services~ The contrac~ vendor shell not be eligible for funding from the CsLu~ty 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 authorizsd~ empowered, and directed to issue and promulgate such rules and regulations as shall he deemed necessary a-nd appropriate to implement the provisions of this article. GIFTS 388 POLITICAL PARTIES, GIF'~'~ T~ O~'r~4A~ OF § 388-1. § 388a. § 388-3. § 386-4. § 386~. Definitions. Prohibited acts. Clause required in a~! contracts. Penalties for offenses. Excepted contributions. !HISTOR~. Adopted by the. Suffo,.-, Count~! Legislature ,z-9-80 as LL No. 32-!980. Ame!~dm~nts no~ed where appl~cable.l §388-1. ~finitions. AS used in this chapter, the foJlowing terms sha~I have meanings AGREEMENT -Any w~e~ or orai contract or any implied contract, including but not limited to a contrac~ for the sale of ~oods or so,ices, a construction contract or a iease or co~tract relating to real or personal property'. The term "agreement" shall also include any transaction whereby 8 person a§rees to sell 9cods or services, ~r both. to the county pursuant to a successfu~ bid. GRATUI?'¢ -Any money, benefit, entertainment, gift or any other consideration whatsoever. OFFICIAL OF A POLITICAL PARTY -A pady o~ce~ as defined by §1-104, Subd vision 5, ot t,,e Election Law. REP, SON -Any individual', par~n~rship, ~irm, corporation o~ other' legal entity, as welt 8s thei~ employees, agents or representatives. POLITICAL PARTY' -A party, as defined by § 1-104, Subdivision 3, of the Election Law. § 388-2, Prohibited acts. A. it shall be a crime for any person to offer or give any gratuity to an official of any poiitica! party with the purpose of inte~ 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. i~ sha!t be a calma'for an official of a political pady to solicit, receive or accept s or ob~=~n~n~ an agreement w~h :he County gratuity in connection with securing :"" ' '~ ' of,Suff%Ik or securing favorable treatment with respect to the awarding or amens ng o, such agreement o~ the making of a determination with respect to the pe~-~ormagce of such agreement. § 386-3, C~ause required in a,l c~ntrau~s. In afl agreements with the Coun~¢ of Suffolk made afle~ the effective date of this cha~ter, there shall be written representation by the person entering the agreement With t~he county that he has not ofl~ered or given any gratui~' to any official, emplo~ or agent of Suffol}( Cou~ or New Yo~k S~ate or of any poli~a~ pady. w~h the purp~ or fntent of securing? agreement or securing fa~rab~e ~atmen~ w~h res~ec~ ~o ~e awarding or amending ~f a~n:agreement or ~the ma~ng of any det~fnS~m w~h re~ct t9 the ¢~dorm~nce of ~ agreement, a~d th~ such person has read and ~S famili&rw~h the p~0visions ~f this chapter. § 386-4, Penalties for offenses. Crim~na!. A violation of §388-~ of this chapter sha~i be a Class A misdemeanor and shal! be punishable by' a sentenc~ of not more than one (!)year in prison or a fine cf not more than one thousand dollars ($!,000) or by both such fine and impdsonmer~t. Civil remedies. A violation of § 3~8-2 or 388-3 of this chapter shall give the county the option, among other dvii remedies, of either terminating the agreement or deducting the value of the gratuit!,¢ from any amount due or to become due from the county thereunder. 9386-5. Excepted contributions. Th~s chapter s, ~all not apply to contributions to political parties, committees or candidates as defined by § 14-100, Subdivision 9, of the Electio~ Law. Such contributions s~alt be excluded from and shall not be in vio!aflon of this chapter. Page Statement Documents $~ffg~k CoUnty S©2X Form ;22 Coh~ractc, ~., ~s.,d~r s Public ~sc~osu~ Pursuant to Secdon A5-7 of the Suffolk County Administrative Code, to be completed by al~ prey ~ers w~mh have a comr~m w~th ~uTfolk Coun~ in Excess of $1,000 or have throe or more contract¢ wit~ Suffolk County any thr~ of which, when ' ~ ' como n~ exceed $1,000 except: (1) HosPjtafs, (2) Edbca~Onal or Govemmenla Bnt~ie~, (3) No~,Fo~-Profit Co~aradons. or (4) Providers of:Fesier Care, Family D~y Care or C~Id Protective COnsulting Sewices. Contractor's/Vendor's Name Address City and State Zip Code Contracting Oepartment's Name Address Payee lder~tJfJcation er Social Security No. T~' c~f Business Corporat on PartnershipSo e Proprietorship_Other Is your firm entering into or has your firm entered into a contract with Suffolk County in exceSS of $t,000 Yes _Ne. Nas yoL~r firm e~ered into three or more coatracts, including the one for which you are now completing this form, with Suffolk Cou r~t/, any three of which, when combined, exceed $1,000__Yes__No. If you answered yes to either part 5a or 5b, you must corn .~lete parLs 6 through 9. in any event you must answer parts 10 and t 1. Tabie e.f Organization. List names and addresses of ali principals; that is. ail individuals serving on the Board of Directors or comparable body; names and addresses of all partners, and names and addressee of all corporate officers. Conspicuously identify any person in t, his tabte of organization who is also an officer or ar employee of Suffolk County. (A~ach additional sheet if necessary'.) List all names and addresses of those individual shareholders holding more than five percent (5%) interest in the firm. Conspicuously identify any shareholder who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary). 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 Joss statement. These statements must be certified by a Certified Public. Accountant. (Stdke this out if not applicable.) The undersigned shall include this Contractor's/Vendor's Public Disclosure Statement with the contract (describe general nature of the contract). Page I of 2 SCEX Form 22 12. Remedies. The failure to fils a verified public disclosure statement as required unde~ t~is local Iaw shall constitute a material breach of contract. Suffolk County may resort. use or employ any remedies contained in A~icle/t of the Uniform Commercial Code of the State of New York. In addition to ali 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. Verifi'cadon. This section must be signed by an officer or principal of the contractor or vendor authorized to sign for the company for the purpose of executing contracts. The undersigned being sworn, affirms under the penalties of perju~, that he/ehe 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: Proprietorship or Partnership Acknowi~,dgement State of ) ) County of ) SS: On the dayof , 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 Acknowled~_ement State of ) ) County of ) SS: On the day of , 20 , before me personally came ~ to me known, who being duty 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 seat of said corporation; that the seat affixed to said instrument was such corporate seal; that it was so afl!xed 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. 7/16t02) Reference: Suff<=lk County Administrative Code Section A5-7 p~ge 2 of 2 SCEX Form 22 SUFFOLK COUNTY ADMiNiSTRATIVE CODE SECTION A5-7 A. Definitions. As usea in this section the following Terms shall have the mean'rigs ina'dated: CONTRACT - Any written agreement between Suffotk 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 er state- aided, in whole or in part, program required to be bi~. p~rsua~ to § 103 of t~e New York Genera~ MuniciPal Law. [~ended 829.1993 by L,L No, 28-1993~] NOTE: I..L. No. 28-1993 aiso provided as follows: Section 1. Legislative Intent. This LegiSlature hereby finds and determines that Suffolk County's con~prehensive ContracterJVsndor Public Disclosure Statement La~ currently applies te~ brood array of ~ntra~s thai sxc~d o~e thousand dollars ($1,009.) in val~e, subject to exemptions for ~ntmcters doing bas,ness with the County Depa~ment of Social Services; hospitals; educafio~t, medi~l, and governmental entities; end not-for-pr=fft corporations. This L~is[ature further finds and datelines that these exemptions prevent full ~sciosqre ef i~p0rtant information that may be useful to e~cted county off~c als n d~terml'~g whe~hpr or ~ot spec[fi= types of contracts are m the pubhc interest, espec~aUy in light Off feint trends towards orivat[zation and use of ou~ide consultants o~ an increased basi~ by=mun ~cipalities. ' T~er~ore, the pur¢ose, of,~h~S law's to e 'm nat~ many of the exempt OhS from comp"et~n~ end' f~ling~:verif~d =publi~ disclosure statements with the Coun~ Comptroller avsilsBJe to ce~ain 8Ontrac~ers4provJding social services or health services contracts. CONTRACTOR or VENDOR [Amended t2-18-t990 by L.L. No. 4t- 1990=; 8-29-1995 by LL. No, 28-tg93~] - Any proprletorsh[p, partnership or closely held corporation which has a contract with Suffolk County in excess of one thousand dollars ($1,000,) or which has three (3) or more contracts wkh Suffolk County, any three (3) of which when combined,, exceed one thousand dollars ($1,000.), except: (1) Hospitals. (2) Educational or governmental entities. ~ Editor's Note: This iocal law was adopted by the tegls~sture 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 Legisle~:ure after disapproval by the Executive on 5-26-1993. see note above. Page 1 of 3 (.3) Not-for~profit co~porations. (4) Contracts p~oviding for foster care, family day-care providers or child protective coBsuldng sePt'ices, FULL DISCLOSURE CLAUSE - A proviso to be included as a material part of a contract imposing UDOn the contractor or vendor a material, contractual and statutory duty to file a verified public disclosure statement. VERIFIED PUBLIC DISCLOSURE STATEMENT - A dec!araton, the contents of which are acknowledged before ~ notary pubi'ic, ¢or~aining information required under this section. ~. 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. 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 vedfied public disclosure statement with the Comptroller of Suffolk County. as soon as practicable pr,_'or 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 vedfied public disclosure statement is filed with the Comptroller as provided in this section. Any verified public disclosure statement confining fraudulent information shalt constitute, for all purposes, a failure to file such statement in the first instance. 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 att 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 financia~ statemen~ listing all assets and liabilities as weft as a profit-and-loss statement, codified by a certified public · accountant Such statement shall be the most current available and in no event shall have ~)een prepared more than six (6) months prior to the date of the filing of the bid. No financial statement or profit-and-lose statement shall be required from any con.tractor or veador h&ving fifty percent (50%) or more of their gross revenues from sources other than the County of Suffolk. separate folio for each company shall be maintained alphabetically for pubtic inspection by the Comptroller. H. _Remedies. The failure to file a vedfied public disclosure statement as ~'requfred under this section shall constitute a material breach of con~ract. ;¢Saffolk County may resort, use or ernoloy any remedies contained in Article 2 of the Uniform Commercial Code of the State of New York, In addition to all legal ~emediee, Suffoik County shall be entitled, upon a determination that a breach has occurred, to damages equal ~o fifteen percent Ii5%) of the amount of the contract. Under no circumstances eha[i the county be precluded from invoking any remedy contained in the preceding section by reason of its failure to invoke prompdy its remedies.