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HomeMy WebLinkAboutCapital Project Contract Extension RESOLUTION 2024-874 ADOPTED DOC ID: 20687 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-874 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 8,2024: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Albert J Krupski Jr to execute the `Capital Project Contract Extension Agreement', between the Town of Southold and the Suffolk County Department of Economic Development and Planning, for the purpose of accepting a grant from the Suffolk County Downtown Revitalization Program in the amount of Forty-Five Thousand($45,000.00) Dollars,for the revitalization of the north hamlet parking area and walkability in the Southold downtown business area, for an extended term through December 31,2024, subject to the approval of the Town Attorney. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilman SECONDER:Louisa P. Evans, Justice AYES: Doroski, Mealy, Smith,Krupski Jr, Doherty, Evans 0 Law No. Z Z' —1'QA Agreement No.525-CAP-CAP-C3XX-6412.326 DT Revitalization Round 18:North Fork Chamber of Commerce IFMS No. Capital Project Contract First Amendment This First Amendment of Contract("1st Amendment")is made and entered into between the County of Suffolk(the"County"),a municipal corporation of the State ofNew York,acting through its duly constituted Department of Economic Development and Planning(the"Department"),located at 100 Veterans Memorial Highway,Hauppauge,NY 11788 andthe Town of Southold,("the Contractor'),having an address at 53095 Main Road,Southold,NY 11971. The County and the Contractor may collectively be referred to as the"Parties"and individually a"Party". Pursuant to the Contract between the Parties last dated February 6,2023(the"Agreement"or"Contract"Law No. 22-ED-147)the Contractor,as a recipient of Round XVIII Downtown Revitalization Funds pursuantto Suffolk County Resolution 1713-2021,was awarded $45,000.00 to assist in undertaking the Downtown Revitalization project as set forth in Article I of the Contract("DR Project"),the County is desirous of extending the term ofthe Contract and amending the Contract to reflect current County requirements. Amended Term of Contract:January 1,2022 to December 31, 2024 Terms and Conditions: Shall be asset forth in the Contract last signed on February 61h,2023 as amended by this 1 st Amendment. In Witness'Whereof,the Parties hereto have executed this 1st Amendment of the Contract as of the latest date written below. TOWN OF SOUTHOLD , COUNTY!OF S QLK By: n h /,1 By: Name:Albert J.Krupski r. f Kevin B.Molloy Title: Supervisor Chief t� Co ty Executiv Federal Tax No: 11-6001939 Date: // 7 y Date Approved: Department of Economic Development and Planning By: Sarah Lansdale Commisspio ,�� Date: t0 Approved as to Form: Christopher J. Clayton,County Attorney By: Name:Brittany L o edano Title:Assistant C Attorney Date: D 0Lq I Page 1 of 13 87 Law No. Agreement No.525-CAP-CAP-C3XX-6412.326 DT Revitalization'Round 18:North Fork Chamber of Commerce I IFMS No. Table of Contents Article I-2024 Amended Terms and Conditions Article II-2024 County Terms and Conditions Article III-2024 Suffolk County Legislative Requirements Page 2 of 13 Law No. Agreement No.525-CAP-CAP-C3XX-6412.326 DT Revitalization Round 18:North Fork Cliamber of Conunerce I IFM S No. Article I-2024 First Amendment Amended Terms and Conditions Whereas,the Suffolk County Downtown Citizens Advisory Panel("the Panel")solicited applications requesting funding for Round X- II)of the Suffolk County Downtown Revitalization Program;and Whereas,the Panel evaluatedthe applications and ranked the submitted projects according to ameritbased scoring system,which included points for leveraging;smart growth compatibility;economic,beautification,visitors and business impact;environmental compatibility;and whether the project was an integral part of an overall downtown revitalization plan;and Whereas,by Suffolk County Intro ResolutionNo:1713-2021,the SuffolkCounty Legislatureapprovedthe Panel's recommendation for an award of$45;000.00 to the Contractor for the update of the ofthenorth hamlet parking area and walkability in the Southold downtown business area(the"DR Project" or."Services");and Whereas,the County and Contractor entered into a Contract for the Services(Law No.22-ED-147)with an initial term from January 1,2022 to December 312023 ("the Initial Term"); Whereas,the Agreement authorized oneoptiontoextendtheContractterm for a period ofone(1)year(an"Option Period" and together with the Initial Term shall be the"Term");and Whereas,the Parties desire to exercise the Option Period from December 31,2023 to December 31,2024 and to add additional Contract provisions in compliance with current County requirements;and Now,Therefore,in consideration of the mutual covenants contained herein and other valuable consideration,the Parties agree as follows: 1. Recitals The Parties acknowledge that the foregoing recitals are true and correct and are hereby incorporated into this 1 Amendment as if fully set forth herein. 2. Option to Extend Term The option ofthe Contract is hereby exercised,extendingthe Term of the Contract for the period from December 31,2023 to December 31,2024. 3. New Articles and Exhibits Article II-IV of the Contract are hereby deleted in their entirety and replaced with Article II-2024 and III-2024, attached hereto and made a part hereof.Article V shall remain in full-force and effect. 4. Conflicting Provisions In the event of any conflict between this First Amendment and any other provision in the Contract,the provisions of this First Amendment shall prevail. 5. Contract Continues,Except as herein Amended Except as herein amended,all other representations,terms and conditions of said Contract,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 3 of 13 Law No. Agreement No.525-CAP-CAP-C3XX-6412.326 DT Revitalization Round 18:North Fork Chamber of Commerce I IFMS No. Article II-2024 County Terms and Conditions d. The Contractor's failure to comply with any Federal, State or local law,rule, or regulation, and County 1. Elements of Interpretation policies or directives;or As used throughout the Contract C. The Contractor's bankruptcy or insolvency;or a. Words of the masculine gender shall mean and f. The Contractor's failure to cooperate in an Audit; include correlative words of the feminine and neuter genders and words importing the singular number shall mean and or include the plural number and vice versa. Words importing persons shall include firms, associations, partnerships 9. The Contractor's falsification of records or (including limited partnerships), trusts, corporations and reports,misuse of funds,or malfeasance or nonfeasance in other legal entities, including public bodies, as well as financial record keeping arising out of, or in connection natural persons,and shall include successors and assigns. with,any contract with the County;or b. Capitalized terms used,but not otherwise defined h. The Contractor's failure to submit, or failure to herein, shall have the meanings assigned to them in the timely submit documentation to obtain Federal or State Contract.. funds;or i. The inability of the County or the Contractor to 2. Meanings of Terms obtain Federal or State funds due to any act or omission of As used in the Contract: the Contractor;or j. Any condition the County determines, in its sole "Comptroller"means the Comptroller of the County of Suffolk discretion,that is dangerous. "Contract"means all terms and conditions herein forming all rights "Tederal" means the United States government, its departments and and obligations of the Contractor and the County. agencies. "Contractor" means the signatory person,partnership, corporation, 'Tund Source" means any direct or indirect sum payable to the association or other entity, its officers, officials, employees, agents, Contractor by the County pursuant to any lawful obligation. servants,sub-contractors, volunteers, and any successor or assign of any one or more of the foregoing performing the Services. "Legislature"means the Legislature of the County of Suffolk. "County"means the County of Suffolk,its departments,and agencies. "Services"means all that which the Contractor must do,and any part thereof arising out of,or in connection with,the Contract as described "County Attorney"means the County Attorney of the County of in Article I"Description of Services." Suffolk. "Department" means the signatory department approving the "State"means the State of New York. Contract. "Suffolk County Payment Voucher"means the document authorized "Engineering Services" means the definition of the and required by the Comptroller for release of payment. g' g practice of engineering and the definition ofpractice of land surveying,as the case "Term"means the time period set forth on page one of the Contract may be,under Section 7201 and Section 7203 of the State Education and,if exercised by the County,the option period. Law,respectively. "Event of Default"means 3. Contractor Responsibilities a. the Contractor's failure to perform any duty a. It shall be the duty of the Contractor to discharge, required of it under paragraphs 4 through 7 of this Exhibit 1 or cause to be discharged, all of its responsibilities, and to of the Contract;or administer funds received in the interest of the County in accordance with the provisions of the Contract. b. the Contractor's failure to maintain the amount b. The Contractor shall promptly take all action as and types of insurance with an authorized insurer as required by the Contract;or may be necessary to render the Services. C. the Contractor's failure to maintain insurance C. The Contractor shall not take any action that is required by the Contract with an insurer that has designated inconsistent with the provisions of the Contract. the New York Superintendent of Insurance as its lawful agent for service of process;or d. Services provided under this Contract shall be open to all residents of the County. Page 4 of 13 Law No. I Agreement No.525-CAP-CAP-C3XX-6412.326 DT Revitalization Round 18:North Fork Chamber of Commerce I IFMS No. b. The Contractor shall forward to the Department, or division thereof,as the case may be,on or before July 1 4. Qualifications,Licenses,and Professional Standards of each year during the Term, a complete list of the names and addresses of all persons providing the Services,as well a. The Contractor represents and warrants that it has, as their respective areas of certification, credentialing, and shall continuously possess, during the Term, the registration, and licensing. required licensing, education, knowledge, experience, and character necessary to qualify it to render the Services. g, Engineering Certificate b. The Contractor shall continuously have during the In the event that the Contract requires any Engineering Term all required authorizations, certificates, certifications, Services,the Contractor shall submit to the County,no later registrations,licenses,permits,and other approvals required than the due date for submission for approval of any by Federal, State, County,or local authorities necessary to engineering work product, the Certificate of Authorization qualify it to render the Services. ("Certificate'), issued pursuant to §7210 of the New York Education Law,of every person performing any Engineering 5. Notifications Services. The failure to file, submit or maintain the Certificate shall be grounds for rejection of any engineering a. The Contractor shall immediately notify the work product submitted for approval. County, in writing, of any disciplinary proceedings, commenced or pending, with any authority relating to a 9. Termination license held by any person necessary to qualify him or the Contractor to perform the Services, a. Thirty Days Termination b. In the event that a person is no longer licensed to The County shall have the right to terminate the perform the Services, the Contractor must immediately Contract without cause, for any reason, at any time, upon notify the County,but in no event shat such notification be such terns and conditions it deems appropriate, provided, later than fiventractor to perform the Services,to qualify the license holder or the days after a license holder has lost the. however,that no such termination shall be effective unless Corequired the Contractor is given at least thirty(30)days'notice. Contra C. In the event that the Contractor is not able to b. Event of Default;Termination on Notice perform the Services due to a loss of license,the Contractor i,) The County may immediately terminate shall not be reimbursed for the Services rendered after the the Contract, for cause, upon such terns and effective date of termination of such license. Without limiting the generality of the foregoing, if any part of the conditions it deems appropriate, in the Event of Contract remains to be performed,and the termination ofthe Default. license does not affect the Contractor's ability to render the ii,) If the Contractor defaults under any Services, every other term and provision of the Contract other provision of the Contract, the County may shall be valid and enforceable to the fullest extent permitted terminate the Contract, on not less than five(5) by law. days' notice, upon such terms and conditions it deems appropriate. 6. Documentation of Professional Standards C. Termination Notice The Contractor shall maintain on file, in one location in Any notice providing for termination shall be Suffolk County, all records that demonstrate that it has delivered as provided for in paragraph 33 of this complied with paragraphs 4 and 5 above. The address ofthe Article 11-2024. location of the aforesaid records and documents shall be provided to the County no later than the date of execution of d. Duties upon Termination the Contract. Such documentation shall be kept,maintained, and available for inspection by the County upon twenty-four i.) The Contractor shall discontinue the (24)hours'notice. Services as directed in the termination notice. 7. Credentialing ii.) Subject to any,defenses available to it, a. In the event that the Department,or any division the County shall pay the Contractor for the thereof, maintains a credentialing process to qualify the Services rendered through the date of termination. Contractor to render the Services, the Contractor shall complete the required credentialing process. In the event iii.) The County shall be released from any that any State credential, registration, certification, or and all liability under the Contract,effective as of license,Drug'Enforcement Agency registration,or Medicare the date of the termination notice. or Medicaid certification is restricted, suspended, or temporarily or permanently revoked, it is the duty of the iv.) Upon termination, the Contractor shall Contractor to contact the Department, or division thereof,as reimburse the County the balance of any funds the case may be,in writing,no later than three(3)days after advanced to the Contractor by the County no later such restriction, suspension,or revocation. than thirty (30) days after termination of the Contract. The provisions of this subparagraph Page 5 of 13 Law No. Agreement No.525-CAP,-CAP-C3XX-6412.326 DT Revitalization Round 18:Norilt Fork Chamber of Commerce IFMS No. shall survive the expiration or termination of the damage per occurrence. The County shall be Contract. named an additional insured. V.). Nothing contained in this paragraph iii.) Workers' Compensation and shall be construed as a limitation on the County's Employer's Liability insurance, Disability rights set forth in paragraphs 5(c) and 15 of this Benefits insurance, including coverage for Paid Article 11-2024. Family Leave Benefits, in compliance with all applicable New York State laws and regulations, 10. Indemnification and Defense if required bylaw. The Contractor shall furnish to the County,prior to its execution of the Contract,. a. The Contractor shall protect,indemnify, and hold the documentation required by the State of New harmless the County, its agents, servants, officials, and York Workers'Compensation Board of coverage employees from and against all liabilities, fines,penalties, or exemption from coverage pursuant to§§57 and actions,damages,claims, demands,judgments,losses,suits 220 of the Workers' Compensation Law. In or actions,costs,and expenses caused by the negligence or accordance with General Municipal Law§108,the any acts or omissions of the Contractor, including Contract shall be void and of no effect unless the reimbursement of the cost of reasonable attorneys' fees Contractor shall provide and maintain coverage incurred by the County, its agents, servants, officials, and during the Term for the benefit of such employees employees in any action or proceeding arising out of or in as are required to be covered by the provisions of connection with the Contract. the Workers'Compensation Law. b. The Contractor hereby represents and warrants iv.) Professional Liability insurance in an that it will not infringe upon any copyright in performing the amount not less than Two Million Dollars Services. The Contractor agrees that it shall protect, ($2,000,000.00) on either a per-occurrence or indemnify, and hold harmless the County, its agents, claims-made coverage basis. servants, officials, and employees from and against all liabilities, fines, .penalties, actions, damages, claims, b. The County may mandate an increase in the demands, judgments, losses, suits or actions, costs, and liability limits set forth in the immediately preceding expenses arising out of any claim asserted for infringement paragraphs(I I)(a)(i),(ii),and(iv). of copyright, including reimbursement of the cost of reasonable attorneys'fees incurred by the County,its agents, C. All policies providing such coverage shall be servants, officials, and employees in any action or issued by insurance companies authorized to do business in proceeding arising out of or in connection with any claim New York with an A.M.Best rating of A-or better. asserted for infringement of copyright. d. The Contractor shall furnish to the County,prior c. The Contractor shall defend the County,its agents, to the execution of the Contract, declaration pages for each servants, officials, and employees in any proceeding or policy of insurance and certificates, other than a policy for action, including appeals, arising out of, or in connection commercial general liability insurance,and upon demand,a with, the Contract, and any copyright infringement true and certified original copy of each such policy proceeding or action. Alternatively, at the County's option, evidencing compliance with the aforesaid insurance the County may defend any such proceeding or action and requirements. require the Contractor to pay reasonable attorneys' fees or salary costs of County employees of the Department of Law C. In the case of commercial general liability for the defense of any such suit. insurance the Contractor shall furnish to the County,prior to the execution of the Contract,a declaration page or insuring 11. Insurance agreement and endorsement page evidencing the County's status as an additional insured on said policy, and upon demand, a true and certified original copy of such policy a. The Contractor shall continuously maintain, evidencing compliance with the aforesaid insurance during the Term of the Contract, insurance in amounts and requirements. types as follows: i.) Commercial General Liability E All evidence of insurance shall provide for the County to be notified in writing thirty(30)days prior to any insurance, including contractual liability cancellation, nonrenewal,or material change in the policy to coverage,in an amount not less than Two Million which such evidence relates. It shall be the duty of the Dollars($2,000,000.00)per occurrence for bodily. Contractor to notify the County immediately of any injury and Two Million Dollars ($2,000,000.00) cancellation, nonrenewal, or material change in. any per occurrence for property damage. The County insurance policy. shall be named an additional insured. g. In the event the Contractor shall fail to provide evidence of insurance,the County may provide the insurance noAutomobile Liability insurance by any required in such manner as the County deems appropriate non-owned or owned vehicles' are used by the and deduct the cost thereof from a Fund Source. Contractor in the performance of the Contract) in an amount not less than Five Hundred Thousand 12. Independent Contractor Dollars($500,000.00)per person,per accident,for bodily injury and not less than One Hundred Thousand Dollars ($100,000.00) for property Page 6 of 13 Law 310. Agreement No.525-CAP-CAP-C3XX-6412.326 DT Revitalization Round 18;North Fork Chamber of Commerce I IFMS No. The Contractor is not, and shall never be, considered an conditions which individuals must meet in order to employee of the County for any purpose. Notwithstanding receive the Services provided pursuant to the anything herein, the Contract shall not be construed as Contract; or creating a principal-agent relationship between the County vL) discriminate against employees or and the Contractor or the Contractor and the County,as the case may be, applicants for employment b. The Contractor shall not utilize criteria or methods 13. Severability of administration which have the effect of subjecting individuals to discrimination because of their race, creed, It is expressly agreed that if any term or provision of the color,national origin,sex,age,disability,sexual orientation, Contract, or the application thereof to any person or military status, or marital status, or have the effect of circumstance, shall be held invalid or unenforceable to any substantially impairing the Contract with respect to extent, the remainder of the Contract, or the application.of individuals of a particular race,creed,color,national origin, such term or provision to persons or circumstances other sex, age, disability, sexual orientation, military status, or than those as to which it is held invalid or unenforceable, marital status,in determining: shall not be affected thereby, and every other term and i) the Services to be provision ofthe Contract shall be valid and shall be enforced provided,or to the fullest extent permitted by law. ii.) the class of individuals to whom,or the 14. Merger; No Oral Changes situations in which,the Services will be provided; or It is expressly agreed that the Contract represents the entire iii.) the class of individuals to be afforded an agreement of the parties and that all previous understandings opportunity to receive the Services. are herein merged in the Contract. No modification of the Contract shall be valid unless in written form and executed by both parties. 17. Nonsectarian Declaration is. Set-Off Rights The Services performed under the Contract are secular in nature. No funds received pursuant to the Contract shall be T used for sectarian purposes or to further the advancement of The County shall have all of its common law,equitable, and any religion. The Services will be available to all eligible statutory rights of set-off.These rights shall include,but not individuals regardless of religious belief or affiliation. be limited to,the County's option to withhold from a Fund Source an amount no greater than any moneys due and owing to the County for any reason. The County shall 18. Governing Law exercise its set-off rights subject to approval by the County Attorney. In cases of set-off pursuant to a Comptroller's The Contract shall be governed by and construed in audit, the County shall only exercise such right after the accordance with the laws of the State of New York,without finalization thereof; and only after consultation with the regard to conflict of laws. Venue shall be designated in the County Attorney. Supreme Court,Suffolk County, the United States District Court for the Eastern District of New York, or, if 16. Non-Discrimination in Services and Employment appropriate, a court of inferior jurisdiction in Suffolk County. a. The Contractor shall not,on the grounds of race, creed, color, national origin, sex, age, disability, sexual 19. No Waiver orientation, military status,ormarital status: It shall not be construed that any failure or forbearance of the i.) deny any individual the Services County to enforce any provision of the Contract in any provided pursuant to the Contract; or particular instance or instances is a waiver of that provision. ii.) provide the Services to an individual Such provision shall otherwise remain in full force and that is different,or provided in a different manner, effect,notwithstanding any such failure or forbearance. from those provided to others pursuant to the Contract; or 20. Conflicts of Interest iii.) subject an individual to segregation or The Contractor shall not,during the Term, pursue a course separate treatment in any matter related to the ofconduct which would cause a reasonable person tobelieve individual's receipt of the Services provided that he or she is likely to be engaged in acts that create a pursuant to the Contract;or substantial conflict between its obligations under the iv.) restrict an individual in any way from Contract and its private interests. The Contractor is charged any advantage or privilege enjoyed by others with the duty to disclose to the County the existence of any receiving the Services provided pursuant to the such adverse interests,whether existing or potential. This Contract; or duty shall continue as long as the Term. The determination as to whether or when a conflict may potentially exist shall V.) treat an individual differently from ultimately be made by the County Attorney after full others in determining whether ornotthe individual disclosure is obtained. satisfies any eligibility or other requirements or Page 7 of 13 Law No. Agreement No.525-CAP-CAP-C3XX-6412.326 •DT Revitalization Round 18:North Fork Chamber of Commerce IFMS No. 21. Cooperation on Claims 2. the sale or other transfer of The Contractor and the County shall render diligently to twenty percent (20%) or more of the each other, without compensation, any and all cooperation shares of the Contractor (other than to that may be required to defend the other party,its employees existing shareholders, the corporation and designated representatives against any claim,demand or itself or the immediate family members action that may be brought against the other party, its of shareholders by reason of gift,sale or employees or designated representatives arising out of,or in devise). connection with,the Contract. b. If the Contractor is a not-for-profit corporation, a 22. Confidentiality change of twenty percent (20°/a) or more of its shares or members shall be deemed a Permitted Transfer. Any document of the County,or any document created by C. The Contractor shall notify the County in writing, the Contractor and used in rendering the Services, shall which notice(the"Transfer Notice shall include: remain the property of the County and shall`be kept confidential in accordance with applicable laws,rules, and i.) the proposed effective date of the regulations. Permitted Transfer, which shall not be less than thirty(30)days nor more than one hundred eighty 23. Assignment and Subcontracting (180)days after the date of delivery of the Transfer Notice; a. The Contractor shall not delegate its duties under the Contract, or assign,transfer,convey,subcontract, sublet,or ii. a summary otherwise dispose of the Contras or an of its right, ) d a the material terms of the p t, y ght,title or proposed Permitted Transfer, interest therein, or its power to execute the Contract, or assign all or any portion of the moneys that may be due or iii.) the name and address of the proposed become due hereunder, (collectively referred to in this transferee, paragraph 23 as"Assignment"), to any other person,entity or thing without the prior written consent of the County,and iv.) such information reasonably required by any attempt to do any of the foregoing without such consent the County, which will enable the County to shall be void ab initio. determine the financial responsibility, character, and reputation of the proposed transferee,nature b. Such Assignment shall be subject to all of the of the proposed assignee/transferee's business and provisions of the Contract and to any other condition the experience; County requires. No approval of any Assignment shall be construed as enlarging any obligation of the County under v.) all executed forms required pursuant to the terms and provisions of the Contract No Assignment of Exhibit 2 of the Contract, that are required to be the Contract or assumption by any person of any duty of the submitted by the Contractor; and Contractor under the Contract shall provide for,or otherwise be construed as,releasing the Contractor from any term or vi.) such other information as the County provision of the Contract may reasonably require. 24. Changes to Contractor d. The County agrees that any request for its consent to a Permitted Transfer shall be granted provided that the a. The Contractor may,from time to time, with the transfer does not violate any provision of the Contract, and County's consent, enter into a Permitted Transfer. For the transferee has not been convicted of a criminal offense purposes of the Contract;a Permitted Transfer means: as described under Article II of Chapter 189 of the Suffolk County Code. The County shall grant or deny its consent to i.) if the Contractor is a partnership, the any request of a Permitted Transfer within twenty(20)days withdrawal or change, voluntary, involuntary or after delivery to the County of the Transfer Notice, in by operation of law,of the partners,or transfer of accordance with the provisions of Paragraph 33 of this partnership interests (other than the purchase of Article II-2024 of the Contract. If the County shall not give partnership interests by existing partners,by the written notice to the Contractor denying its consent to such partnership itself or the immediate family Permitted Transfer (and setting forth the basis for such members by reason of gift,sale or devise),or the denial in reasonable detail) within such 20-day period,then dissolution of the partnership without immediate the County shall be deemed to have granted its consent to reconstitution thereof,and such Permitted Transfer. li.) if the Contractor is a closely held e.Notwithstanding the County's consent, corporation (i.e. whose stock is not publicly held and not traded through an exchange or over the i.) the terms and conditions of the Contract counter), shall in no way be deemed to have been waived or modified,and 1. the dissolution, merger, consolidation or other reorganization of ii.) such consent shall not be deemed the Contractor, consent to any further transfers. Page 8 of 13 Law No. Agreement No.525-CAP-CAP-C3XX-6412.326 DT Revitalization Round IS:North Fork Chamber of Commerce I IFMS No. Work Product in electronic or optical media, or in CD-ROM,on-line 25. No Intended Third Party Beneficiaries or similar format The,Contract is entered into solely for the benefit of the b.Patents County and the Contractor, No third party shall be deemed a beneficiary of the Contact and no third party shall have if the Contractor develops, invents, designs or creates any the right to make any claim or assert any right under the idea, concept, code, processes or other work or materials during the Contract Term, or as a result of any Services performed under the Contract ("patent eligible subject matter"), it shall be the sole property of the 26. Certification as to Relationships County. The Contractor hereby assigns to the County its entire right, title and interest,if any,to all patent eligible subject matter,and agrees The Contractor certifies under penalties of perjury that to the to do all acts and execute all documents,and to use its best efforts to best of its knowledge,other than through the funds provided ensure that its employees, consultants, subcontractors, vendors and in the Contract and other valid agreements with the County,' agents do all acts and execute any documents, necessary to vest there is no known spouse,life partner,business,commercial, ownership in the County of any and all patent eligible subject matter. economic, or financial relationship with the County or its The Contractor may not apply for or secure for itself patent protection. elected officials. The Contractor also certifies to the best of The County reserves to itself,and the Contractor hereby gives to the its knowledge that there is no relationship within the third County,and to any other person designated by the County,consent to degree of consanguinity, between the Contractor,any of its produce or otherwise use any item so discovered and/or the right to partners, members, directors, or shareholders owning five secure a patent for the discovery or invention. This paragraph shall percent(501a)or more of the Contractor,and the County. The survive any completion, expiration or termination of this Contract foregoing certification shall not apply to a contractor that is a municipal corporation-oragovernmententity. 29. Arrears to County. 27. Publications The Contractor warrants that,except as may otherwise be authorized by agreement,it is not in arrears to the County upon any debt,contract, Any book,article, report,or other publication related to the Services or any other lawful obligation, and is not in default to the County as provided pursuant to this Contract shall contain the following surety. statement in clear and legible print: 30. Lawful Hiring of Employees Law in Connection with "This publication is fully or partially funded by the County Contracts for Construction or Future Construction of Suffolk" In the event that the Contract is subject to the Lawful Hiring of 28. Copyrights and Patents Employees Law of the County of Suffolk, Suffolk County Code Article II of Chapter 353,as more fully set forth in Exhibit 2 entitled a.Copyrights "Suffolk County Legislative Requirements," the Contractor shall maintain the documentation mandated to be kept by this law on the Any and all materials generated by or on behalf of the construction site at all times. Employee sign-in sheets and register/log Contractor while performing the Services (including, without books shall be kept on the construction site at all times and all covered limitation, designs,images, video, reports,analyses,manuals, films, employees, as defined in the law,shall be required to sign such sign- tests, tutorials, and any other work product of any kind) and all in sheets/registerAog books to indicate their presence on the intellectual property rights relating thereto ("Work Product�are and construction site during such working hours. shall be the sole property of the County.The Contractor hereby assigns to the County its entire right,title and interest, if any, to all Work 31. Record Retention Product,and agrees to do all acts and execute all documents, and to use its best efforts to ensure that its employees, consultants, The Contractor shall retain all accounts, books,records,.and other subcontractors, vendors and agents do all acts and execute any documents relevant to the Contract for seven (7) years after final documents,necessary to vest ownership in the County of any and all payment is made by the County.Federal,State,and/or County auditors Work Product The Contractor may not.secure copyright protection. and any persons duly authorized by the County shall have full access The County reserves to itself,and the Contractor hereby gives to the and the right to examine any of said materials during said period. Such County,and to any other person designated by the County,consent to access is granted notwithstanding any exemption from disclosure that produce, reproduce, publish,translate, display or otherwise use the may be claimed for those records which are subject to nondisclosure Work Product This paragraph shall survive any completion, agreements, trade secrets and commercial information or financial expiration or termination of this Contract information that is privileged or confidential Without limiting the generality of the foregoing, records directly related to contract The County shall be deemed to be the author of all the Work expenditures shall be kept for a period of ten(10)years because the Product The Contractor acknowledges that all Work Product shall statute of limitations for the New York False Claims Act(New York constitute`work made for hire"under the U.S.copyright laws.To the False Claims Act§192)is ten(f 0)years. extent that any Work Product does not constitute a`work made for hire,"the Contractor hereby assigns to the County all right,title and 32. Certification Regarding Lobbying interest,including the right,title and interest to reproduce,edit,adapt, modify or otherwise use the Work Product, that the Contractor may Together with this Contract and as a condition precedent to its have or may hereafter acquire in the Work Product, including all execution by the County, the Contractor shall have executed and intellectual property rights therein, in any manner or medium delivered to the County the Certification Regarding Lobbying (if throughout the world in perpetuity without compensation. This payment under this Contract may exceed $100,000)as required by includes,but is not limited to,the right to reproduce and distribute the Federal regulations, and shall promptly advise the County of any Page 9 of 13 I iw No. Agreement No.525-CAP-CAP-C3XX-6412.326 DT Revitalization Round IS:North Fork Chamber of Commerce I IFMS No. material change in any of the information reported on such foregoing,to such other address as the addressee shall have indicated Certification, and shall otherwise comply with, and shall assist the by prior written notice to the addressor. All notices received by the County in complying with, said regulations as now in effect or as Contractor relating to a legal claim shall be immediately sent to the amended during the term of this Contract Department and also to the County Attorney at 100 Veterans Memorial Highway, P.O. Box 6100, (Sixth Floor), Hauppauge, New York, 33. Notice 11788-0099. Unless otherwise expressly provided herein, all notices shall be in writing and shall be deemed sufficiently given if sent by regular first End of"Text for Article II-2024 class mail and certified mail, or personally delivered during business hours as follows: 1.)to the Contractor at the address on page 1 of the Contract and 2.)to the County at the Department,or as to either ofthe Page 10 of 13 Law No, Agreement No.525-CAP-CAP-C3XX-6412.326 DT Revitalization Round 1S:North Fork Charuber of Commerce IFMS No. Article III-2024 ARTICLE i It shall be the duty of the Contractor to read,become familiar Suffolk County Legislative Requirements with, and comply with the requirements of Article I of NOTE:THE CONTRACTOR'S COMPLETED LEGISLATIVE Chapter 803 of the Suffolk County Code. REQUIREMENTS FORMS REFERENCED HEREIN ARE AVAILABLE ON FILE AT THE DEPARTMENT NAMED ON County Contractors (as defined by section 803-2) shall THE SIGNATURE PAGE OF THIS CONTRACT. comply with all requirements of Chapter 803 of the Suffolk County Code,including the following prohibitions: 1. Contractor's/Vendor's Public Disclosure Statement a. The Contractor shall not use County funds to It shall be the duty of the Contractor to read,become familiar assist,promote,or deter union organizing. with,and comply with the requirements of section A5-8 of b. No County funds shall be used to reimburse the Article V of the Suffolk County Code. Contractor for any costs incurred to assist,promote,or deter Unless certified by an officer of the Contractor as being union organizing. exempt from the requirements of section A5-8 of Article V C. No employer shall use County property to hold a of the Suffolk County Code,the Contractor represents and meeting with employees or supervisors if the purpose ofsuch warrants that it has filed with the Comptroller the verified meeting is to assist,promote,or deter union organizing. public disclosure statement required by Suffolk County Administrative Code Article V,Section A5-8 and shall file If the Services are performed on County property, the an update of such statement with the Comptroller on or Contractor must adopt a reasonable access agreement, a before the 31st day of January in each year of the Contract's neutrality agreement, fair communication agreement, non- duration. The Contractor acknowledges that such filing is a intimidation agreement, and a majority authorization card material, contractual and statutory duty and that the failure agreement. to file such statement shall constitute a material breach ofthe Contract, for which the County shall be entitled, upon a If the Services are for the provision of human services and determination that such breach has occurred,to damages, in are not to be performed on County property,the Contractor addition to all other legal remedies, of fifteen percent(15%) must adopt,at the least,a neutrality agreement. of the amount of the Contract Under the provisions of Chapter 803,the County shall have Required Form: the authority,under appropriate circumstances, to terminate Suffolk County Form SCEX 22; entitled the Contract and to seek other remedies as set forth therein, "Contractor'sNendor's Public Disclosure Statement" for violations of this Law. 2. Living Wage Law Required Form: Suffolk County Labor Law Form DOL-1,01 (Revised It shall be the duty of the Contractor to read,become familiar 212020); entitled "Suffolk County Department of Labor, with,and comply with the requirements of Chapter 575,of Licensing & Consumer Affairs — Union Organizing the Suffolk County Code. Certification/Declaration -Subject to Audit." This Contract is subject to the Living Wage Law of the 4. Lawful Hiring of Employees Law County of Suffolk. The law requires that; unless specific exemptions apply,all employers (as defined) under service It shall be the duty of the Contractor to read,become familiar contracts and recipients of County financial assistance, (as with, and comply with the requirements of Article 1I of defined) shall provide payment of a minimum wage to Chapter 353 of the Suffolk County Code. employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the This Contract is subject to the Lawful hiring of Employees Suffolk County Living Wage Law of the County of Suffolk. Law of the County of Suffolk.It provides that all covered Under the provisions of the Living Wage Law,the County employers,(as defined), and the owners thereof,as-the case shall have the authority,under appropriate circumstances, to may be,that are recipients of compensation from the County terminate the Contract and to seek other remedies asset forth through any grant, loan, subsidy, funding, appropriation, therein,for violations of this Law. payment, tax incentive, contract, subcontract, license agreement, lease or other financial compensation agreement Required Forms: issued by the County or an awarding agency,where such Suffolk County Living Wage FonuDOL-LW-1/38(Revised compensation is one hundred percent(100%)funded by the 12/2021) entitled "Suffolk County Department of Labor, County, shall submit a completed sworn affidavit (under LICENSING & CONSUMER AFFAIRS —Notice of penalty of perjury),the form ofwhich is attached,certifying Application for County Compensation-LIVING WAGE that they have complied,in good faith,with the requirements CERTIFICATION/DECLARATION-SUBJECT TO of Title 8 of the United States Code Section 1324a with AUDIT." respect to the hiring of covered employees (as defined) and with respect to the alien and nationality status of the owners 3. Use of County Resources to Interfere with Collective thereof. The affidavit shall be executed by an authorized Bargaining Activities representative of the covered employer or owner,as the case may be;shall be part of any executed contract, subcontract, Page 11 of 13 0 Law No. Agreement No.525-CAP-CAP-C3XX-6412.326 DT Revitalization Round 18:North Fork Chamber of Cormnerce I IFMS No. license agreement, lease or other financial compensation offered or given any gratuity to any official, employee or agreement with the County; and shall be made available to agent of the County or the State or of any political party,with the public upon request. the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or All contractors and subcontractors (as defined) of covered amending of an agreement or the making of any employers,and the owners thereof,as the case may be,that determinations with respect to the performance of an are assigned to perform work in connection with a County agreement. contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or 6. Prohibition Against Contracting with Corporations that awarding agency,where such compensation is one hundred Reincorporate Overseas percent (100%)funded by the County, shall submit to the covered employer a completed sworn affidavit (under It shall be the duty of the Contractor to read,become familiar penalty of perjury),the form ofwhich is attached,certifying with, and comply with the requirements of sections A4-13 that they have complied,in good faith,with the requirements and A4-14 of Article IV of the Suffolk County Code. of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees and with respect The Contractor represents that it is in compliance with to the alien and nationality status of the owners thereof, as sections A4-13 and A4-14 of Article IV of the Suffolk the case may be. The affidavit shall be executed by an County Code. Such law provides that no contract for authorized representative of the contractor,subcontractor,or consulting services or goods and services shall be awarded owner, as the case may be;shall be part of any executed by the County to a business previously incorporated within contract subcontract, license agreement, lease or other the U.S.A.that has reincorporated outside the U.S.A. financial compensation agreement between the covered employer and the County;and shall be made available to time 7. Child Sexual Abuse Reporting Policy public upon request It shall be the duty of the Contractor to read,become familiar An updated affidavit shall be submitted by each such with, and comply with the requirements of Article 11 of employer,owner,contractor and subcontractor no later than Chapter 880 of the Suffolk County Code. January 1 of each year for the duration of any contract and upon the renewal or amendment of the Contract, and The Contractor shall comply with Article II of Chapter 880, whenever a new contractor or subcontractor is hued under of the Suffolk County Code, entitled "Child Sexual Abuse the terms of the Contract. Reporting Policy,"as now in effect or amended hereafter or of any other Suffolk County Local Law that may become The Contractor aclmowledges that such filings are a applicable during the term of the Contract with regard to material, contractual and statutory duty and that the failure child sexual abuse reporting policy. to file any such statement shall constitute a material breach of the Contract 8. Non Responsible Bidder Under the provisions of the Lawful Hiring of Employees It she be the duty of the Contractor to read,become familiar Law,the County shall have the authority to terminate the with, and comply with the requirements of Article 11 of Contract for violations of this Law and to seek other Chapter 189 of the Suffolk County Code. remedies available under the law. Upon signing the Contract,the Contractor certifies that it has The documentation mandated to be kept by this law shall at not been convicted of a criminal offense within the last ten all times be kept on site. Employee sign-in sheets and (10)years. The tern"conviction" shall mean a finding of register/log books shall be kept on*site at all times during guilty after a trial or a plea of guilty to an offense covered working hours and all covered employees,as defined in the under section 189-5 of the Suffolk County Code under law,shall be required to sign such sign-in sheets/registerAo g "Nonresponsible Bidder." books to indicate their presence on the site during such working hours. 9. Use of Funds in Prosecution of Civil Actions Prohibited Required Forms: It shall be the duty of the Contractor to read,become familiar "SUFFOLK COUNTY DEPARTMENT OF LABOR, with, and comply with the requirements of Article III of LICENSING,&CONSUMER AFFAIRS—NOTICE OF Chapter 893 of the Suffolk County Code. APPLICATION TO CERTIFY COMPLIANCE WITH FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH The Contractor shall not use any ofthe moneys,in part or in RESPECT TO LAWFUL HIRING OF EMPLOYEES, whole,and either directly or indirectly, received under the Suffolk County Code,Chapter 353(2006)"DOL-LHE 1/2 Contract in connection with the prosecution of any civil (REVISED 82017). action against the County in any jurisdiction or any judicial or administrative forum. 5. Gratuities 10. Youth Sports It shall be the duty of the Contractor to read,become familiar with,and comply with the requirements of Chapter 664 of It shall be the duty of the Contractor to read,become familiar the Suffolk County Code. with, and comply with Article III of Chapter 730 of the Suffolk County Code. The Contractor represents and warrants that it has not Page 12 of 13 9 m LrAv No. Agreement No.525-CAP7CAP-C3XX-6412.326 'DT Revitalization Round 18:North Fork Chamber of Commerce iFMS No. All contract agencies that conduct youth sports programs are• Enhance Service Delivery by Contract Agencies (Article required to develop and maintain a written plan or policy VIII of Chapter 189 of the Suffolk County Code). addressing incidents of possible or actual concussion or other head injuries among sports program participants. Such All contract agencies having a contract in excess of$50,000 plan or policy must be submitted prior to the award of a shall cooperate with the contract's administering department County contract, grant or funding. Receipt of such plan or to identify the key performance measures related to the policy by the County does not represent approval or objectives of the service the contract agency provides and endorsement ofany such plan or policy,nor shall the County shall develop an annual performance reporting plan. The be subject to any liability in connection with any such plan contract agency shall cooperate with the administering or policy. department and the County Executive's Performance Management Team to establish working groups to identify appropriate performance indicators for monthly evaluation 11. Work Experience Participation of the contract agency's performance measures. If the Contractor is a not-for-profit or governmental agency 14. Suffolk County Local Laws Website Address or institution, each of the Contractor's locations in the County at which the Services are provided shall be a work Suffolk County Local Laws,Rules and Regulations can be site for public-assistance clients of Suffolk County pursuant accessed on the homepage of the Suffolk County to Chapter 281 of the Suffolk County Code at all times Legislature. during the Term of the Contract. If no Memorandum of Understanding ("MOU") with the Suffolk County 15. Suffolk County Code of Ethics Department of Labor for work experience is in effect at the beginning of the Term of the Contract;the Contractor,if it is As required by Suffolk County Standard Operating a not-for-profit or governmental agency or institution, shall Procedure A-06,the following is a link to the Suffolk County enter into such MOU as soon as possible after the execution Ethics Booklet,which contains the provisions of the Suffolk of the Contract and failure to enter into or to perform in County Code of Ethics: accordance with such MOU shall be deemed to be a failure to perform in accordance with the Contract, for which the httt)s://suffolkcountvny.gov/Portals/0/fomisdocsBoardofet County may withhold payment, terminate the Contract or hies/Code%20of/o20Ethics%20Booklet%20- exercise such other remedies as may be appropriate in the %20New%2ORevised%20May%202017.ndf circumstances. 16. Notification of Cyber Security Breach 12. Safeguarding Personal Information of Minors It shall be the duty of the Contractor to read,become familiar It shall be the duty of the Contractor to read,become familiar with,and comply with the requirements of section A5-22 of with,and comply with the requirements of Suffolk County Article V of the Suffolk County Administrative Code. Local Law No. 20-2013, a Local Law to Safeguard the Personal Information of Minors in Suffolk County. The Contractor(as defined in section A5-22)certifies that it has policies and procedures in place for the effective All contract agencies that provide services to minors are management of any cyber security breach, threat or event required to protect the privacy of the minors and are strictly The Contractor shall immediately notify the Department prohibited from selling or otherwise providing to any third named on the signature page of this Contract, the.Suffolk party,in any manner whatsoever,the personal oridentifying County Executive, the Clerk of the Suffolk County information of any minor participating in their programs. Legislature, and the Suffolk County Department of Audit and Control of any cyber security breach,event or attack,as 13. Contract Agency Performance Measures and Reporting defined in section A5-22 of Article V of the Suffolk County Requirements Administrative Code. It shall be the duty of the Contractor to read,become familiar End of Text for ARTICLE III-2024 with,and comply with the requirements of Suffolk County Local Law No. 41-2013, a Charter Law to Implement Performance Measurement to Increase Accountability and Page 13 of 13 Steven Bellone Frank Nardelli Suffolk County Executive Commissioner SUFFOLK COUNTY DEPARTMENT OF LABOR, LICENSING & CONSUMER AFFAIRS UNION ORGANIZING CERTIFICATION/DECLARATION— SUBJECT TO AUDIT If the following definition of"County Contractor"(Union Organizing Law Chapter 803)applies to the contractor's/beneficiary's. business or transaction with Suffolk County, the contractor/beneficiary must complete Sections I, III, and IV below. If the .following definitions do not apply,the contractor/beneficiary must complete Section's II,III and IV below. Completed forms must be submitted to the awarding agency. County Contractor:"Any employer that receives more than$50,000 in County funds for supplying goods or services pursuant to a written contract with the County of Suffolk or any of its agencies;pursuant.to a Suffolk County grant;pursuant to a Suffolk County program; pursuant to a Suffolk County reimbursement for services provided in any calendar year;or pursuant to a subcontract with any of the above." Section I The Union Organizing Law applies to this contract.I/we hereby agree to comply with all the provisions of Suffolk County Local Law No.26-2003,the Suffolk County Union Organizing Law(the law)and,as to the goods and/or services that are the subject of the contract with the County of Suffolk shall not use County funds to assist, promote, or deter union Check if organizing(Chapter 803-3),nor seek reimbursement from the County for costs incurred to assist,promote,or deter union Applicable organizing. I/we further agree to take all action necessary to ensure that County funds are not used to assist,promote,or deter union organizing. I/we father agree that I/we will not use County property to hold meetings to assist,promote,or deter union organizing. I/we further agree that if any expenditures or costs incurred to assist,promote,or deter union organizing are made, I/we shall maintain records sufficient to show that no County funds were used for those expenditures and,as applicable,that no reimbursement from County funds has been sought for such costs. I/we agree that such records shall be made available to the pertinent County agency or authority,the County Comptroller,or the County Department of Law upon request. I/we further affirm to the following as to the goods and/or services that are the subject of the contract with the County of Suffolk: • Uwe will not express to employees any false or misleading information that is intended to influence the determination of employee preferences regarding union representation; • I/we will not coerce or intimidate employees,explicitly or implicitly,in selecting or not selecting a bargaining representative; • I/we will not require an employee,individually or in a group,to attend a meeting or an event that is intended to influence his or her decision in selecting or not selecting a bargaining representative; • Uwe understand my/our obligation to limit disruptions caused by pre-recognition labor disputes through the adoption of non-confrontational procedures for the resolution ofpre-recognition labor disputes with employees engaged in the production of goods or the rendering of services for the County;and • I/we have or will adopt any or all of the above-referenced procedures,or their functional equivalent,to ensure the efficient, timely, and quality provision of goods and services to the County. I/we shall include a list of said procedures in such certification. Section II The Union Organizing Law does not apply to this contract for the following reason(s): The Town of Southold is a municipal corporation Check if Applicable Section III Contractor Name: Town of Southold Federal Employer ID#. 11-6001939 Contractor Address: 53095 Main Road Amount of Assistance: 45,000.00 Southold, New York 11971 . Vendor#: Contractor Phone#: Description of project or service: Downtown Revitalization Funds pursuant to Suffolk County Resolution 1713-2021, awarded $45,000 to assist in undertaking the Downtown Revitalization project Section IV In the event any part of the Union Organizing Law, Chapter 803 of the Laws of Suffolk County, is found by a court of competent jurisdiction to be preempted by federal and/or state law,this certification/declaration shall be void ab initio. Section V 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. dz&�-'yaAAL , / UAZ2y Authorized Sig4ature Date Albert J. Krupski, Jr., Town Supervisor Print Name and Title of Authorized Representative nnr_r rn 1 n a Steven Bellone .' Rosalie Drago Suffolk County Executive , <g' 4� Commissioner SUFFOLK COUNTY DEPARTMENT OF LABOR, LICENSING &CONSUMER AFFAIRS NOTICE OF APPLICATION FOR COUNTY COMPENSATION LIVING WAGE CERTIFICATION/DECLARATION—SUBJECT TO AUDIT If either of the following definitions of`compensation'(Living Wage Law Chapter 575-2)applies to the contractor's/recipient's business or transaction with Suffolk County,the contractor/recipient must complete Sections 1,3,4 below. If the following definitions do not apply,the contractor/recipient must complete Sections 2,3 and 4 below. Completed forms must be submitted to the awarding agency. "Any grant,loan,tax incentive or abatement,bond financing subsidy or other form of compensation 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 SI0,000. 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`compensation'for the purposes of this definition." Section I The Living Wage Law applies to this contract. Uwe hereby agree to comply with all the provisions of Suffolk County Check if 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 applicable perform work or render services on or for a project,matter,contract or subcontract where this company has received compensation,from the County of Suffolk as defined in the Law(compensation)a wage rate of no less than$14.00 per hour worked with health benefits,as described in the Law,or otherwise $14.71 per hour or the rates as may be adjusted annually in accordance with the Law.(Chapter 575-3 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 compensation 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 compensation shall complywith all the provisions of the Law,including those specified above.(Chapter 575-2) 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 regulations under this Chapter of the Suffolk County Code,investigating employee complaints ofnoncomphance 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 ofcompliance is longer.All payroll and benefit records required by the County will be maintained for inspection for a similarperiod oftime. (Chapter 575-7 D) The Suffolk County Department of Labor,Licensing&Consumer Affairs shall review the records of any Covered Employer at least once every threeyears to verify compliance with the provisions of the Law. (Chapter 575-4 C) IMPORTANT! IF SECTION I IS CHECKED,APPLICANT MUST PROVIDE THE FOLLOWING INFORMATION: Projected Wage Levels: Complete the chart below listing hourly wage rates,number ofhours worked per week,compensated days offreceived yearly and indicate ifniedical benefits are received for each employee dedicated to fulfilling the terms of this contract Note: Complete the fo owing chart only if the Li ing Wage Law a lies and if Section I above is checked. Works less Works 20 Employee Full-time employees receive at least 12 Employee Name Hourly than 20 hours hours or more actually compensated days off per year. Part-time and Title Wage per week per week receives health employees receive prorated compensated Rate (Yes or No) (Yes or No) benefits time off in increments proportional to full- es or No time employees es or No Section II The Living Wage Law does not apply to this contract for the following reason(s): (Please check all that apply to this contract.) Check if ❑ Employ less than 10 employees Grant,loan,tax incentive or abatement, ❑ Amount of Compensation is less than$10,000. applicable ❑ Do not have any employees working in bond subsidy or other form of for the furnishing of services Suffolk or Nassau Counties compensation is$50,000 or less. ❑ Other: ❑ No cost to Suffolk County ❑ Pay prevailing wage rates Section III Contractor Name:Town of Southold Federal Employer ID or SSN#: 11-6001939 Contractor Address:53095 Main Road,Southold,NY 11971 Amount of Compensation:$45,000.00 Term of Cont act Contact Name: Paul DeChance Contractor Phone#631-765-1939 Awarding Agency. Contract ID#: Description of project or service: Downtown Revitalization Funds pursuant Suffolk County Resolution 1713-2021,awarded$45,000 in undertaking the Downtown Revitalization Project Section IV 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 tine and correct Au h r ed Signa a �� Date A Print Name and Title of Authorized 4prescntativLJ SUK , COVER SHEET FOR DOCUMENTS Sent To: ft'x Sent By: TOWN ATTORNEY, PAUL M. DECHANCE DEPUTY T/A, JACK SQUICCIARINI ASSISTANT T/A, JULIE M. MCGIVNEY ASSISTANT T/A, BENJAMIN JOHNSON CONFIDENTIAL SECRETARY, AMY SCHLACHTER x Type Of Agreement: Nature Of Contract/Agreemen -CAD; k S f6 0±::Le 4,4,4 OQ 401 d rJA/�/ J�� JAN 2 4 2025 1