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HomeMy WebLinkAboutSTOP DWI Program 2005 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 913 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 28, 2004: RESOLVED that the Town Board of thc Toxvn of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an agreement with the County of Suffolk for the 2005 STOP-DWI Program in an araount not to exceed $19,000.00, for the term January 1, 2005 through December 31, 2005, all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk COUNTY OF SUFFOLK O~'~'ICE OF I'HE COUNTY EXECUTIVE Steve Levy COUNTY EXECUTIVE March 10, 2005 The Honorable Joshua Y. Horton Supervisor of Southold Town Town of Southold Town Hall, 53095 Main Road Southold, New York 11971-1682 Dear Supervisor Horton: Enclosed please find the fully executed Agreement between Suffolk Count5, and the Toa~ of Southold for the period of January 1, 2005 through December 31, 2005. I have also ~nclosed a supply of claim vouchers for your use. If you have any questions or are in need of additional materials, please feel free to contact our office at 853-5012. MPL:dd Enclosures Sincerely, STOP-DWI Coordinator ~w No~ CE001M/0012-0$R Rev. 12/21/04 STOP-DWI Municipal Enforcement Agreement No. 001-1234-4980-69-00012 IFMS No. SCS EXE 00000009536 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- rice of the County Executive/STOP-DWI Program (Department), located at H. Lee Dennison Building, 11~ floor, 100 Veterans Memorial Highway, Hauppauge, New York (mailing address: Box 6100, Hanppauge, New York I 1788- 0099) and Town of Southold (Contractor), a New York municipal corporation, having its principal place of business at To~ 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 funding exists in the 2005 Suffolk County Operating Budget. Term of Agrecmeut: Shall be January 1, 2005 through December 31, 2005. Total Cost of Agroement: Shall not exceed $19,000.00 Terms and Conditions: Shall be as set forth in Exhibit A and Exhibit entitled "Suffolk County Legislative Re- quirements Exhibit for Conlracts." In Witness Whereof, the parties hereto have executed this Agreement as of the latest date w~itten below. The Honorable Joshua Y. Horton Supervisor of Sou~oid Town [Please print name and title under signature] Fed. TaxpayerlD#: j./- 4OO/~y? App.~ved as to Legality: / SamanthaN. McF~ethin Assistant County Attorney Date: County of Suffolk Paul Sabatino 1I Chief Deputy County Executive Date: Approved: Maria Perez[Le~t' J STOP-DWI Coordinator Date: al ,~1~ Table of Contents EXHIBIT A 1. SERVICES TO BE PERFORMED 2. QUALIFICATIONS OF PERSONNEL 3. SERVICE RECORDS 4. COUNTY SUPERVISION 5. COSTS AND TOTAL AMOUNT OF AGREEMENT 6. METHOD OF PAYIvlENT 7. PAYMENTS SUBJECT TO POST-AUDIT ADJUSTMENT 8. ACCOUNTING PROCEDURES 9. CONTINGENCY 10. ASSIGNMENT 11. INDEPENDENT CONTRACTOR 12. INSURANCE 13. INDEMNIFICATION 14. PUBLICATIONS 15. TERM AND TERMINATION OF AGREEMENT 16. ADDRESSES FOR NOTICES, CLAIMS, REPORTS 17. COST REDUCTION 18. STUDIES OR RESEARCH 19. GRATUITIES 20. INTERGOVERNMENTAL COORDINATION 21. NONDISCRIMINATION IN EIvIPLOYMENT 22. WORK EXPERIENCE PARTICIPATION 23. AGREEMENT SUBJECT TO APPROPRIATION OF FUNDS 24. OFFSET OF ARREARS OR DEFAULT 25. CONTRACTOR'S STAFF 26. INFORMATION ACCESS 27. SALARY INCREASES 28. BUDGET DEFICIENCY PLANS 29. COUNTY DOCUMENTS, CONFIDENTIALITY Page 1 of 2 532005 Conn'aets~top-dv.4 ce001m. TOC Ex.A 05.doc 30. 31. 32. 33. 34. 35. 36. FURNITU1LE, FIXTURES, EQUIPMENT, MATERIALS, SUPPLIES EX3tIBITS LIVING WAGE LAW CHILD SEX ABUSE REPORTING SUFFOLK COUNTY PUBLIC DISCLOSURE STATEMENT CERTIFICATION MERGER; NO ORAL CHANGES Page 2 of 2 S'x2005 Contracl~X~top~dwi e. e001mTOC Ex.A 05.doc EXtHRIT A 1. SERVICES TO BE PERFORMED The duties of the Contractor shall be to cany out a STOP-DWI program, as more particularly de- scribed in Exhibit B attached to and made part of this Agreement. The Contractor specifically represents and warrants that it has and shall possess, and that its employees, agents and subcontractors have and shall possess, the required education, knowledge, experience and character necessary to qualify them individually for the particular duties they perform. 2. QUALIFICATIONS OF PERSONNEL The Contractor agrees that it will provide the County with relevant policies regarding the personnel qualifications for professional employees and that these policies shall be subject to approval by the County. 3. SERVICE RECORDS The Contractor shall maintain, or cause to be maintained, service and time records for each service provided under this Agreement, which will permit the reporting of the progress of each service on a monthly basis. Such reports shall be submitted on forms to be provided or approved by the County in accordance with the instructions therefor. Such reports shall be in the format attached as Exhibit C, but shall not neees- sarily be limited to the information specified. 4. COUNTY SUPERVISION It is agreed that the nature and extent of the services provided pursuant to this Agreement shall be subject to the general supervision of the County's STOP-DWI Coordinator's Office. The Contractor fur- ther agrees to conduct the aforementioned program in a skillful manner to the best of its ability, and agrees to comply fully with the rules and regulations, criteria and guidelines for expenditure controls heretofore adopted or to be adopted by the County. Further, the Contractor agrees to provide data as required by the County by virtue of Section 1197 of the Vehicle and Traffic Law, 10 days after close of each month, on a monthly basis, in a form prescribed by the County. 5. COSTS AND TOTAL AMOUNT OF AGREEMENT The Contractor 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- mere as Exhibit D. 6. M~THOD OF PAYMENT The County shall pay the Contractor monthly for services provided and costs incurred pursuant to this Agreemem on receipt ofmonLhly 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 a~er audit and approval by the County. Paymems shall be reimbursements only of actoal cash expenditures made prior to the date of claim submission and shall include only those monies appropriated for the County Operating Budget year referred to on the first page of this Agreement. No claims shall be payable until the Contractor complies with all requh'ements to this Agreement that should have been complied with on or before submission of such claims. It is understood and agreed 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 Agreement and any matter arising therefrom. CE1 (12/04) Page 1 of 10 pages of Exhibit A 7. PAYMENTS SUBJECT TO POST-AUDIT ADJUSTMENT All payments made hereunder are subject to audit and adjustment by the Comptroller of the County pursuant to Article V of the Suffolk County Charter and by the State or Federal Government. 8. ACCOUNTING PROCEDURES The Contractor shall comply, for the amount funded under this Agreement, with the "Comptroller's Rules and Regulations for Contract Agencies", as promulgated by the Department of Audit and Control of Suffolk County, and any amendments thereto during the term of this Agreement. 9. CONTINGENCY This Agreement is subject to and contingent upon the County of Suffolk's continuance as a participating County in the New York State STOP-DWI Program as provided by Section 1197 of the Vehicle and Traffic Law and upon approval of the County's STOP-DWI Plan for the County Operating Budget year referred to on the tn:st page of this Agreement by the Commissioner of Motor Vehicles of the State of New York. 10. ASSIGNMENT The Contractor shall not assign, transfer, convey, sublet or otherwise dispose of this Agreement, or any of its right, title or interest therein, or its power to execute this Agreement, or assign all or any portion of the monies that may be due or become due thereunder, to any other person or corporation, without the prior consent in writing of the County, and any attempt to do any of the foregoing without such consent shall be of no effect. 11. INDEPENDENT CONTRACTOR The relationship of the Contractor to the County shall be that of an independent contractor. Accordingly, neither the Contractor nor any person hired by the Contractor shall be considered employees of the County for any purpose whatsoever. 12. INSURANCE a. The Contractor agrees to procure, pay the entire premium for and maintain throughout the term of this Agreement insurance in amounts and types specified by the County. The Contractor agrees to require that all if its contractors, in connection with work performed for the Contractor related to this Agreement, procure, pay the entire premium for and maintain throughout the term of this Agreement insurance in amounts and types equal to that specified by the County for the Contractor. Unless otherwise specified by the County and agreed to by the Contractor, in writing, such insurance will be as follows: Commercial General Liability insurance, including contractual liability coverage, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily injury and Two Million Dollars ($2,000,000.00) per occurrence for property damage. ii. Automobile Liability insurance (if any vehicles are used by the Contractor in the performance of this Agreement) in an amount not less than Five Hundred Thousand Dollars ($500,000.00) per person, per accident, for bodily injury and not less than One Hundred Thousand ($100,000.00) for property damage per occurrence; and iii. Worker's Compensation and Employer's Liability insurance in compliance with all applicable New York State laws and regulations and Disability Benefits insur- CE 1 (12/04) Page 2 of 2 pages of Exhibit A ance, if required by law. Contractor shall furnish to the County, prior to its execution of this Agreement, the documentation required by the State of New York Workers' Compensation Board of coverage or exemption fi.om coverage pursuant to § §57 and 220 of the Workers' Compensation Law. In accordance with General Municipal Law §108, this Agreement shall be void and of no effect unless the Contractor shall pro- vide and maintain coverage during the term of this Agreement for the benefit of such employees as are required to be covered by the provisions of the Workers' Compen- sation Law. iv. Professional Liability/Errors and Omissions Insurance in an amount not less than Two Million Dollars ($2,000,000.00) on either a per occurrence or claims made cov- erage basis. b. All policies providing such coverage shall be issued by insurance companies with an A.M. Best rating of A- or better. c. The Contractor shall furnish to the County Declaration Pages for each such policy of insur- ance and upon request, a tree and certified original copy of each such policy, evidencing compliance with the aforesaid insurance requirements. In the case of commercial general liability insurance, the County of Suffolk shall be named as an additional insured and the Contractor shall furnish a Decla- ration Page and endorsement page evidencing the County's status as an additional insured on said policy. d. All such Declaration Pages, certificates and other evidence of insurance shall provide for the County of Suffolk to be notified in writing thirty (30) days prior to any cancellation, nonrenewal or material change in said policies. Such Declaration Pages, certificates, policies and other evidence of insurance and notices shall be mailed to the Department at its address set forth in the paragraph enti- tled "Notices and Contact Persons" or at such other address of which the County shall have given the Contractor notice in writing. e. If the Contractor is a town or other municipal corporation and has a self-insurance program under which it acts as a self-insurer for any of such required coverage, it may provide self-funded coverage and certificates or other evidence of such self-insurance in lieu of insurance issued by in- surance companies. 13. INDE~CATION The Contractor shall indemnify and hold harmless the County, its consultant (if any), employees, agents and other persons fi.om and against all claims, costs, 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, report or other publica- tion relating to the subject program without prior written permission fi.om the County. Any such publication shall contain the following statement: "This publication is fully or partially funded by Suffolk County STOP-DWI." Furthermore, the STOP-DWI Logo shall be prominently displayed on any publication, sign or other printed materials. CE1 (12/04) Page 3 of 10 pages of Exhibit A 15. TERM AND TERMINATION OF AGREEMENT (a) Term This Agreement shall cover the period provided on the first page thereof, unless sooner terminated as provided below. (b) Termination by County in the Public Interest Notwithstanding 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 thirty (30) days notice of intent to tenuinate to the Contractor. Contractor shall have an opportunity for consultation with the Coordinator prior to termination. (c) Termination for Cause i. If the Contractor fails to fulfill in a timely and proper manner its obligations under this Agreement, or if the Contractor falsifies its records or reports, or misuses its funds from what- ever source, the County may terminate this Agreement in whole or with respect to any identifiable part of the program, effective immediately, or, at its option, effective at a later date specified in the notice of such termination to the Contractor. ii. A failure to maintain the amount and types of insurance required by this Agreement may result in immediate termination of this Agreement, in the sole discretion of the Coordinator. No prior notice to cure and of intent to terminate shall be required. iii. An emergency or other condition involving possible loss of life, threat to health and safety, destruction of property or other condition deemed to be dangerous, in the sole discretion of the Coordinator, may result in immediate termination of this Agreement, in whole or with respect to any identifiable part of the program, in the sole discretion of the Coordinator. In such event, no prior notice to cure and of intent to terminate shall be required. iv. Failure to comply with federal, State or local laws, rules, regulations, or County poli- cies or directives, may result in immediate termination of this Agreement, at the sole discretion of the Coordinator. In such event, no prior notice to cure and of intent to terminate shall be required. v. A failure on the part of Contractor to observe any of the other terms and conditions of this Agreement on its part to be observed and performed, which failure persists after the expiration of twenty (20) days from the date the Coordinator gives notice to cure and of intent to terminate to the Contractor shall be deemed a breach of contract; provided, however, that if the matter which is the subject of the notice is of such a nature that it cannot 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, diligently commences and prosecutes the same to completion. Soliciting 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 terminate shall call attention to the existence of the failure and particularize the claimed failure in reasonable detail. The notice shall also state the in- tended date of termination. CE1 (12/04) Page 4 of 10 pages of Exhibit A notice vii. After a breach of contract has occurred, the Coordinator or her designee, in her sole discretion, may terminate the Agreement. The Coordinator shall give written notice of such termina- tion and the Agreement shall expire as fully and completely as if that date were the date herein origi- nally fixed for the expiration of the term. viii. Upon termination pursuant to the foregoing paragraph, Contractor acknowledges and agrees 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 authorized 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 at the time it is deliv- ered to the other party by messenger. ii. Upon due notice of termination and as may be requested by the Department, the Con- tractor shall provide the County with any infonnation, records, or reports that are within the purview of this Agreement, subject to any applicable provisions of law or regulations. The Contractor shall also relinquish tire and possession of any furniture, fixtures, equipment, materials or supplies as specified in this Agreement. iii. Upon receipt of a termination notice, the Contractor shall promptly discontinue all services affected unless otherwise directed by the notice of tem'dnation. (e) Payments upon Termination i. The County shall be released from any and all responsibilities and obligations ax/sing from the Program covered by this Agreement, effective as of the date of termination, but the County shall be responsible for payment of all claims for services provided and costs incurred by the Con- tractor prior to termination of the Agreement, that are pursnant to, and after the Contractor's compli- ance with, the terms and conditions of this Agreement. ii. Upon termination, the Contractor agrees to promptly reimburse to the County, by check payable to the Suffolk County Treasurer, the balance of any funds paid to the Contractor by the County. Upon termination, any funds paid to the Contractor by the County which were used by the Contractor in a manner that failed to comply x~qth the terms and conditions of this Agreement must be promptly reimbursed. If there is no response or if satisfactory repayments are not made, the County may recoup such pasmaents from any amounts due or becoming due to the Contractor from the County under tlfis Agreement or otherwise. The provisions of this subparagraph shall survive the expiration or termination of the Agreement. (t) Termination By Contractor The Contractor may terminate this Agreement by giving not less than sixty (60) days prior aaStten to the Department, specifying the reasons for termination and the effective date of termination. CE1 (12/04) Page 5 of 10 pages of Exhibit A 16. , ADDRESSES FOR NOTICES, CLAIMS, REPORTS (a) Any corm~nunication, notice, claim for payment, 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 its designated representative at the following address or at such other address as may be specified in w~ting by the County or i~s designated representative: Office of the County Executive STOP-DWI Program 100 Veterans Memorial Highway - 11th Floor P. O. Box 6100 Hauppauge, New York 11788-0099 (b) Cornmurdcations or notices to the Contractor shall be deemed delivered when mailed to the Contractor at the address designated in this Agreement or such other address as the Contractor shall fur- nish to the County by written notice delivered to the County. 17. COST REDUCTION The Contractor agrees that where a mivJmum level of service is not provided (as provided in para- graph 1 of this Exhibit A and in Exhibit B), the County may require a modification in Contractor sm_q' and other cost factors or may terminate this Agreement after giving notice in aceordance with paragraph 15. 18. STUDIES OR RESEARCH The Contractor agrees that it must secure prior written approval of the County for any proposed studies or research. 19. 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 or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement, and that the signer of this Agreement has read and is familiar with the provisions of Local Law No. 32-1980 of Suf- folk County (Chapter 386 of the Suffolk County Code). 20. INTERGOVERNMENTAL COORDINATION The Contractor shall coordinate all liaison with units of federal, state and local government in con- nection with the program through the Department. 21. NONDISCRIMINATION IN EMPLOYMENT In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other County, State and Federal administrative, statutory and constitutional nondiscrimination provisions, the Contractor shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, orientation, national origin, age, disability, military status or marital status. 22. WORK EXPERIENCE PARTICIPATION If the Contractor is a nonprofit or governmental agency or institution, at all times during the term of this Agreement, each of the Contractor's locations in Suffolk County at which serxSces are provided under this Agreement shall be a work site for public-assistance clients of Suffolk County pursuant to Local Law No. 15-1993. If no Memorandum of Understanding ("MOU") with the Suffolk County Department of Labor for work experience is in effect at the beginning of the term of this Agreement, the Contractor, if it is a nonprofit or governmental agency or institution, shall enter into such MOU as soon as possible after the execution of this Agreement, and failure to enter into or to perform in accordance with such MOU shall be CE 1 (12/04) Page 6 of I 0 pages of Exhibit A deemed to be a failure to perform in accordance with this Agreement, for which the County may withhold payment, terminate this Agreement or exercise such other remedies as may be appropriate in the circum- stances. 23. AGREEMENT SUBJECT TO APPROPRIATION OF FUNDS This Agreement is subject to the amount of funds appropriated and any subsequent modifications thereof by the Suffolk County Legislature, and no liability shall be incurred by the County under this Agreement beyond the amount of funds appropriated by the Legislature for the program covered by this Agreement. 24. OFFSET OF ARREARS OR DEFAULT The Contractor warrants that it is not, and shall not be during the term of th/s Agreement, in arrears to the County for taxes or upon debt or contract and is not, and shall not be during the term of this Agree- ment, in default as surety, contractor or otherwise on any obligation to the County, and the Contractor agrees that the County may withhold the amount of any such arrearage or default fi.om amounts payable to the Contractor under this Agreement. 25. CONTRACTOR'S STAFF The County shall have the right to prior approval of the filling of any position now vacant or hereaf- ter becoming vacant and may, in exemise of that right, promulgate reasonable regulations involving position control, which shall, when promulgated, be deemed to be incorporated by reference in and made part of this Agreement. 26. INFORMATION ACCESS Subject to any applicable provisions of law or regulations, the Department shall not be denied access to any information, records, or reports that are within the purview of this Agreement. 27. SALARY INCREASES No salary, wage or other compensation for services shall be increased over the amount stated in the attached budget (Exhibit D) without the prior written approval of the County. 28. BUDGET DEFICIENCY PLANS The County has imposed and may impose budget deficiency plan(s). Upon written notification fi.om the Department, the Contractor shall comply with the same restrictions as are imposed upon the Depart- ment, a copy of which will be furnished with such notification and shall thereupon be deemed to be incorpo- rated by reference in and made part of this Agreement. 29. COUNTY DOCUMENTS, CONFIDENTIALITY Any records, reports or other documents of the County (if any) or any of its Departments or agen- cies used by the Contractor pursuant to tiffs Agreement or any documents created as a part of this Agree- ment shall remain the property of the County and shall be kept confidential in accordance with applicable laws, roles and regulations. 30. FURNITURE, FIXTURES, EQUIPMENT, MATERIALS, SUPPLIES (a) Purchases, Etc. Requiring Prior Approval Prior to placing any order to purchase, rent or lease any furniture, f~-ures, or equipment, (i) valued in excess of one hundred dollars ($100.00) per unit, or (ii) included but not itemized, in the Budget, the Contractor shall submit to the County a written request for approval to make such a proposed purchase, CE1 (12/04) Page 7 of 10 pages of Exhibit A ren .t,31, or lease, with a list showing the quantity and description of each item, its intended location and use, estimated unit price or cost, extended price or cost and estimated total cost of the proposed order. Written approval of the County is required before the Contractor may proceed with the proposed purchase, rental or lease of furniture, fixtures or equipment. Ail items purchased will be new unless specifically described otherwise in the Budget. (b) Purchase Practices The Contractor agrees to follow all the general practices that are designed to obtain furniture, fix- tures, equipment, materials or supplies at the most reasonable price or cost. The County reserves the right to purchase or obtain furniture, fixtures, equipment, materials or supplies for the Contractor for the purposes of this Agreement. If the County exercises this right, the amount budgeted for the items so purchased or ob- tained by the County for the Contractor shall not be available to the Contractor for any purpose whatso- ever. (c) Interest of County The County shall retain a proprietary interest in all furniture, removable fixtures, equipment, materi- als or supplies purchased or obtained by the Contractor and paid for or reimbursed to the Contractor by or from County funds pursuant to the terms of this Agreement or any prior agreements. Upon the termination of this Agreement, or of any renewal thereof, the discontinuance of the business of the Contractor, the fail- ure of the Contractor to comply ~Sth the terms of this Agreement, the bankruptcy of the Contractor, or an assignment for the benefit of its creditors, or the failure of the Contractor to satisfy any judgment against it within thirty (30) days of filing, the County shall have the right to take title to and possession of all such furrdmre, removable fixtures, equipment, materials and supplies, and the same thereupon become the prop- erty of the County x~Sthout any claim for reimbursement on the part of the Contractor. As directed by the County, the Contractor shall attach identif)Sng labels on said property indicating the interest of the County. (d) Inventory, Records, Controls and Reports The Contractor shall mn'retain proper and accurate inventory records and controls for all such furni- ture, removable fixtures and equipment acquired pursuant to this Agreement and all prior agreements, if any, covering the Program. Three (3) months before the termination date of this Agreement, the Contractor shall make a physical count of all items of furuiture, removable fixtures and equipment in its custody, checking each item against the aforesaid inventory records. A report setting forth the results of such physi- cal count shall be prepared by the Contractor on a form or forms designated by the County, certified and signed by an authorized official of the Contractor, and one (1) copy thereof shall be delivered to the County within five (5) days after the date set for the aforesaid physical count. Within five (5) days after the termination date of this Agreement, the Contractor shall submit to the County six (6) copies of the same report updated to the termination date of this Agreement, certified and signed by an authorized official of the Contractor, based on a physical count of all items of furniture, removable fixtures and equipment on the aforesaid termination date, and revised, if necessary, to include any inventory changes during the last three (3) months of the term of this Agreement. (e) Protection of Property in Contractor's Custody The Contractor shall maintain vigilance and take all reasonable precautions to protect the furniture, fixtures, equipment, materials or supplies in its custody against damage or loss by fire, burglary, theft, dis- appearance, vandalism or misuse. In the event of burglary, theft, vandalism or disappearance of any item of foxuiture, fix~mres, equipment, materials or supplies, the Contractor shall immediately notify the police and make a record thereof, including a record of the resuits of any investigation which may be made thereon. In the event of loss of or damage to any item of furniture, fixtures, equipment, materials or supplies from any cause, the Contractor immediately shall send the County a detailed, written report thereon. CE1 (12/04) Page 8 of 10 pages of Exhibit A · (0 Disposition of Property in Contractor's Custody Upon termination of the County's funding of the Program covered by this Agreement or by any re- newal hereof, or at any other time that the County may direct, the Contractor shall make access available and render all necessary assistance for physical removal by the County or its designee of any or all furni- ture, removable fixtures, equipment, materials or supplies in the Contractor's custody in which the County has a proprietary interest, in the same condition as such property was received by the Contractor, reason- able wear and tear excepted. Any disposition, settlements or adjustments connected with such property shall be in accordance with the rules and regulations of the County and the State of New York. 31. EXI41RITS The following additional Exkibits are attached to and made part of this Agreement: B. Work Plan and Proposal C. Report Format D. Budget · Suffolk County Legislative Requirements for Contracts 32. LIVING WAGE LAW The Consultant represents and warrants that it has read and is familiar with the requirements of Sec- tion 6 of Chapter 347 of the Suffolk County Local Law No. 12-2001, the Living Wage Law, attached hereto as part of the "Suffolk County Legislative Requirements Exhibit for Contracts" and made a part hereof. 33. CFIILD SEXUAL ABUSE REPORTING POLICY The Consultant agrees to comply with the Suffolk County Child Sexual Abuse Reporting Policy, Chapter 577, Article IV, of the Suffolk County Code, attached hereto as part of the "Suffolk County Legis- lative Requirements Exhibit for Contracts" and made a part hereof, as now in effect or amended hereafter or of any other Suffolk County Local Law that may become applicable during the term of this Agreement with regard to child sexual abuse reporting policy. 34. SUFFOLK COUNTY PUBLIC DISCLOSURE STATEMENT The Consultant represents and warrants that it has filed with the Comptroller of Suffolk County the verified public disclosure statement required by Suffolk County Administrative Code Section A5-7 and shall file an update of such statement with the said Comptroller on or before the 31st day of January in each year of this Agreement's duration. The Consultant acknowledges that such filing is a material, contractual and statutory duty and that the failure to file such statement shall constitute a material breach of this Agree- ment, for which the County shall be entitled, upon a determination that such breach has occurred, to dam- ages, in addition to all other legal remedies, of fifteen percent (15%) of the amount of the Agreement. (Such filing is not required if the Consultant is a not-for-profit corporation.) 35. CERTIFICATION The parties to tiffs Agreement hereby certify that, other than the funds provided in this Agreement and other valid Agreements with the County, there is no known relationship within the third degree of con- sanguirdty, life partner, or business, commercial, economic, or financial relationship between the parties, the CE1 (12/04) Page 9 of 10 pages of Exhibit A sigr~, tories to this Agreement, and any partners, members, directors, or shareholders of more than five per cent (5%) of any party to this Agreement. 36. MERGER; NO ORAL CHANGES It is expressly agreed 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 Agreement shall be valid unless ~witten and executed by both parties. - End of Text of Exhibit A - CE1 (12/04) Page I0 of 10 pages of Ex_hibit A EXHIBIT B SUFFOLK COUNTY STOP-DWI 2005 WORK PLAN Town of Southold The Primary goal of this project is the suppression of drank driving through intensified police patrols to identify vehicle and traffic violations related to drank driving. This will result in an increased number of arrests for driving while intoxicated and a reduction of alcohol related crashes and fatalities. 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 drunk 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 will be dependent upon availability of staff. --- End of Exhibit B --- Suffolk County STOP-DWI Claim Payroll Register Month of Personal Services - Page 1 Voucher #: ,20__ Claiming Agency: Instructions: Use this form to detail all Salary/Wage Expenses for your project, for the period claimed. Submit this form together with a Standard Suffolk County Voucher to insure prompt processing. Check Date ' Number Payee Job Title Se~iee Period Amount CERTIFICATION: I certify that the above information is just, true and correct; that no part thereof has been previously repbrted, and that such expenditures are proper and necessary. Project Director or Fiscal Officer: Signature and Title Date: / / Note: This register 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 interim or post-audit of project expenses. Use Page 2 of this form to record fringe benefit and Consultant costs for this project only if they are part of your con~:act budget. Suffolk County STOP-DWI Claim Payroll Register Month of Personal Services - Page 2 Voucher #: ,20 Claiming Agency: Instructions: Use this form to detail all Fringe Benefit Expenses for your project, for the period claimed. Submit this form together with a Standard Suffolk County Voucher to insure prompt processing. Fringe Benefit Expenses must be part of your original contract to be considered valid expenses. Check Date Number Payee Job Title Service Period Amount CERTIFICATION: I certify that the above information is just, tree and correct; that no part thereof has been previously reported, and that such expenditures are proper and necessary. Project Dkector or Fiscal Officer: Date: / / Siglmture and Title Note: This register 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 interim or post-audit of project expenses. Use Page 1 of this form to record Salary/Wage costs for this project. Suffolk County STOP-DWI Monthly Arrest Report Reporting Agency: Month: Year: Total # of nersons charned with 1192 Violations; Total 1192 Violations by a~e ~rouns: Under 18 Total # of charees for: 18 1192.1 __ 19 1192.2 __ 20 1192.2 & 3 21-24 1192.3 __ 25-29 1192.4 30-34 35-39 Total: 45-49 Males Female~ __ 55-59 60-64 Total 1192 Violations by Day of We~k 65-69 Sunday 70 & Over Monday Tnesday Total 1192 Violations by B.A.C. Wednesday # of refusals Thursday # of"results unavaiL' Friday .05 .18 Saturday .06 .19 Total 1192 Violations bv time intervals; 6:01am to 6:00 pm 6:01pm to 9:00 pm 9:01pm to 12:00 am 12:01 am to 3:00 am 3:01 am to 6:00 am .07 .20 .08 .21 .09 .22 .10 .23 .11 .24 .12 .25 .13 .26 .14 .27 .1~ .28 .16 .29 .17 __ .30 or greater __ EXHIBIT D SUFFOLK COUNTY STOP-DWI 2005 BUDGET SUMMARY Town of Southold ITEMIZED EXPENDITURE CATEGORIES SOURCE OF FUNDS STOP-DWI TOWN TOTAL SHARE SHARE SHARE A. Personnel Services - Salaries $19,000.00 -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 Commodities Cost -0- -0- Total Personnel Services and Commodities -0- $19,000.00 $19,000.00 -0- $19,000.00 $19,000.00 The total mount of this contract is to be expended on or prior to 12/31/05 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 --- Suffolk County Legislative Requirements Exhibit for Contracts; last rev. 5/12/04 Suffolk County Legislative Requirements Exhibit for Contracts This exhibit is attached to and is made part of the contract executed with the County. Suffolk County Living Wage Requirements "Suffolk County Living Wage Requirements Exhibit (2 pages). Suffolk County Department of Labor - Living Wage Unit Certification/Declaration- Subject to Audit Form LW-38 (consists of 1 page) II Child Sexual Abuse Reporting Policy · Chapter 577, Adicle IV, of the Suff'olk County Code entitled "Child Sexual Abuse Reporting Policy" (3 pages). III Gratuities · Chapter 386 of the Suffolk County Coda, entitled "Political Parties, Gifts to Officials Of' (2 pages). Contractor's/Vendor's Public Disclosure Statement Form SCEX 22; rev. 3130104 (form consists of three pages; requires signature & notarization) Note: The Contractor'sNendor's Public Disclosure Statement Form SCEX 22; rev. 3/30104, references the following law, which is included with this Exhibit. · Suffolk County Administrative Code Section A5-7 (consists of 3 pages). I Suffolk County Living Wage Documents Suffolk County Living Wage Requirements Exhibit As Las{ Revised by the Suffolk County Department of Labor on $/12/04 Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 5/12/04 Pursuant to Section 6 of Chapter 347 of the Suffolk County Local Law No. 12-2001, "A Local Law to Implement Living Wage Policy for the County of Suffolk" (the "Living Wage Law"), all RFPs, County contracts and financial assistance agreements subject to the law shall contain the following two paragraphs or substantially equivalent language: This Agreement is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific exemptions apply all employers (as defined) under service contracts and recipients of County financial assistance, (as defined) shall provide payment of a minimum wage to employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law of the County of Suffolk. Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for violations of this Law. Suffolk County Local Law No. 18-2002, "A Local Law to Implement Living Wage Policy for the County of Suffolk" provided for certain amendments to the Living Wage Law. Forms for Completion and/or Signature (as applicable) Suffolk County Depa, h,,ent of Labor- Living Wage Unit Notice of Application for County Assistance (Contract) Form LW-I (consists of I page) Suffolk County Department of Labor - Living Wage Unit Certification/Declaration - Subject to Audit Form LW-38 (consists of I page) (Replaces LW2, LW3 and LW33) Suffolk County Department of Labor- Living Wage Unit Request for General Living Wage Exemption Form LW-4 (consists of I page) Suffolk County Department of Labor - Living Wage Unit Request for Specific Living Wage Exemption Form LW-5 (consists of 2 pages) 1 of 2 pages Suffolk County Living Wage Requirements Exhibit As LaSt Revised by the Suffolk County Department of Labor on 5/12/04 Note: Pursuant to Section 7 of Local Law No.18- 2002, "A Local Law to Implement Living Wage Policy for County of Suffolk", all covered employers subject to the provisions of the Living Wage Law shall submit a completed and sworn (under penalty of perjury) Certification/Declaration - Subject to Audit Form LW-38, signed by an authorized representative, as part of an executed contract with the County of Suffolk. The complete Certification/Declaration - Subject to Audit Form LW-38 shall be made a part of any executed contract or project agreement and made available to the public upon request. To certify Living Wage compliance: Return Forms LW-1 and LW-38. or To certify non-applicability of Living Wage law: Return Form LW-38. or To request and document a general living wage exemption: Return Forms LW-1, LW-38 and LW-4. or To request and document a specific living wage exemption: Return Forms LW-1, LW-38 and LW-5. In the event that there is a change in circumstances, it is the Contractor's responsibility to submit to the County additional Living Wage forms which either replace or supplement prior submissions of Living Wage forms. Living Wage Law Information Fact Sheet, text of the Local Law, Frequently Asked Questions, Forms, and Rules and Regulations can be found on the Suffolk County web site at www. co.suffolk, ny. us Click: 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 $/12/04 2 of 2 pages Check ff applicable SUFFOLK COUNTY DEPARTMENT OF LABOR - LMNG WAGEUNIT ' , ' L1V1NG WAGECERTIFICATION/DECLARATION - SUBJECT TO AUDIT ff either o~the following definitions of 'assistance' (Living Wage Law Chapter 347 - 2) applies to the contractor*s/beneflciary's business or transacflno with Suffolk County, the contractor/beneficiary must complete Sections 1, 3, 4 below; and Form LW-I (Notice of Application for County Assistance). ffthe following definitions do not apply, the contractor/beneficiary must complete Sectiom 2, 3 ami 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 assistance of more that $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 coum,odifies) 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 definition." Section I The L/ving Wage Law applies to this contract, l/we hereby agree to comply with all the provisions of Suffolk County Local Law No. 12-2001, the Suffolk County Living Wage Law (the Law) and, as such, will provide to all full, part-time or temporary employed persons who perform work or render services on or for a project, matter, contract or subcontract where this company has received Assistance, from the County of Suffolk as defined in the Law (Assistance) a wage rate of un less than $9.29 ($735 for child care providers) per hour worked with health benefits, as described in the Law. or otherwise $10.58 ($9.00 for child care providers) per hour or the rates as may be adjusted annually in accordance with the Law. (Chapter 347-3 B) Secflno H 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 properly that is improved or developed as a result of Assistance or any cuntractur or subcontractor of this company that employs at least ten (10) persons in producing or providing goods or services tn this company that are used in the project or matter for which this company has received Assistance shall comply with all the provisions of the Law, including those specified above. (Chapter 347-2) I/we further agree to permit access to work sites and relevant payroll records by authorized County representatives for the purpose of monitoring compliance with regulations under this Chapter of the Suffolk County Code, investigating employee complaints of noncompliance and evaluating the operation and effects of this Chapter, including the production for inspection & copying of payroll records for any or all employees for the term of the contract or for five (5) years, whichever period of compliance is longer. All payroll and benefit records required by the County will be maintained for inspection for a similar period of time. (Chapter $47-? D) The County Department of Labor shall review the records of any Covered Employer at least once every three years to verify compliance with the provisions of the Law. (Chapter 34?-4 C) The Li~qNg Wage Law does not apply to this contract for the following reason(s): Check ff applicable Section HI Contractor Name: Contractor Address: Federal Employer ID~: Amount of Assistance: Contractor Phone #: Description of pro~ect or service: I declare under penalty of per~ ~ugd~q~lt~ of~~ew York Au-tt~tized ~aturo-.'""~ Print Name and Title of Authorized Representative Vendor #: that the undersigned is authorized to provide this certification. 12/30/04 Date LW 38 (Replaces forms LW2, LW3, and LW33) II Child Sexual Abuse Reporting Policy CHAPTER 577, ARTICLE IV, Child Sexual Abuse Reporting Policy [Adopted 6-11- 2002 by Res. No. 543-2002] 577-16. Policy established. The County of Suffolk hereby establishes a formal child sexual abuse reporting policy as follows: A. Each County Department that has a contract or agreement with any individual, partnership, corporation, joint venture, business organization, or other entity which receives payments from the County of Suffolk, either directly or as a conduit for payment from another level of government, shall notify such individual, partnership, corporation, joint venture, business organization, or other entity that Suffolk County requires full compliance with the reporting and disclosure provisions of Subsection C of this section, as a condition precedent to receipt of such payment and continuing receipt of such payment, in those instances in which an allegation has been made of sexual abuse of a minor by any employee or member of such contract vendor, including any member of the clergy, involving any of the following sex offenses: (1)Rape in the third degree, ~ 130.25 (less than 17 years old) of the New York Penal Law; (2)Rape in the second degree, ~ 130.30 (less than 14 years old)of the New York Penal Law; (3)Rape in the first degree, ~ 130.35 (less than 11 years old) of the New York Penal Law; (4)Sodomy in the third degree, ~ 130.40 (less than 17 years old) York Penal Law; (5)Sodomy in the second degree, ~ 130.45 (less than 14 years old) York Penal Law; (6) Sodomy in the first York Penal Law; (7)Sexual abuse in the New York Penal Law; (8)Sexual abuse in the New York Penal Law; (9)Sexual abuse in the New York Penal Law; (10)Aggravated sexual abuse in the third degree, ~ 130.66 (less than 11 years old) of the New York Penal Law; (Il)Aggravated sexual abuse in the second degree, ~ 130.67 (less than 11 years old) of the New York Penal Law; (12)Aggravated sexual abuse in the first degree, ~ 130.70 (less than 11 years old) of the New York Penal Law; (13)Course of sexual conduct against a child in the first degree, ~ 130.75 (less than 11 years old) of the New York Penal Law; and (14)Course of sexual conduct against a child in the second degree, ~ 130.80 (less than 11 years old) of the New York Penal Law; (15)Sexual misconduct, ~ 130.20 (sexual intercourse without consent) of the New York Penal Law; (16) Forcible touching, ~ 130.52 (sexual or intimate parts) of the New York Penal Law; (17)Persistent sexual abuse, ~ 130.53 (two or more convictions within the past 10 years for less than 17 years old or 14 years old) of the New York Penal Law; (18)Aggravated sexual abuse in the fourth degree, ~ 130.65a (less than 17 years old) of the New York Penal Law; (19) Female genital mutilation, Section 130.85 (less than 18 years old, nonmedical procedure) of the New York Penal Law; (20)Facilitating a sex offense with a controlled substance, ~ 130.90 (without consent to commit a felony) of the New York Penal Law. of the New of the New degree, ~ 130.50 (less than 11 years old) of the New third degree, § 130.55 (less than 17 years old) of the second degree, ~ 130.60 (less than 14 years old) of the first degree, ~ 130.65 (less than 11 years old) of the B. Definitions. For the purposes of this article, the following terms shall have the meanings indicated: CLERGY -- A duly authorized bishop, pastor, rector, priest, rabbi, minister, imam, nun, or a person having authority from, or in accordance with, the rules and regulations of the governing ecclesiastical body of the denomination or order, if any, to which the church belongs, or otherwise from the church, synagogue, or mosque to preside over and direct the spiritual affairs of the church, synagogue, or mosque, as the case may be. MINOR -- Anyone under the age of 18 years of age; Co All supervisory, administrative, or management employees of any individual, partnership, corporation, joint venture, business organization, or other entity receiving payment from the County of Suffolk, either directly or as a conduit for payment from another level of government, under agreement or contract with the County of Suffolk, shall report or cause a report to be made to 911 or the pertinent village, town, or county Police Department when he/she, or it has reasonable cause to suspect that a minor coming before them is or has been the victim of sexual abuse, or when another person or clergy person comes before them and states from personal knowledge facts, conditions, or circumstances which, if correct, would render the minor a victim of sexual abuse under any of the following sex offenses, said reporting to occur within 24 hours after forming the reasonable cause or first learning of the allegations: [Amended 8-28-2002 by Res. No. 819-2002] (1)Rape in the third degree, ~ 130.25 (less than 17 years old) of the New York Penal Law; (2)Rape in the second degree, ~ 130.30 (less than 14 years old) of the New York Penal Law; (3)Rape in the first degree, ~ 130.35 (less than 11 years old) of the New York Penal Law; (4)Sodomy in the third degree, ~ 130.40 (less than 17 years old) of the New York Penal Law; (5)Sodomy in the second degree, § 130.45 (less than 14 years old) of the New York Penal Law; (6)Sodomy in the first degree, ~ 130.50 (less than 11 years old) of the New York Penal Law; (7)Sexual abuse in the third degree, ~ 130.55 (less than 17 years old) of the New York Penal Law; (8)Sexual abuse in the second degree, ~ 130.60 (less than 14 years old) of the New York Penal Law; (9)Sexual abuse in the first degree, ~ 130.65 (less than 11 years old) of the New York Penal Law; (10)Aggravated sexual abuse in the third degree, ~ 130.66 (less than 11 years old) of the New York Penal Law; (il)Aggravated sexual abuse in the second degree, ~ 130.67 (less than 11 years old) of the New York Penal Law; (12)Aggravated sexual abuse in the first degree, ~ 130.70 (less than 11 years old) of the New York Penal Law; (13)Course of sexual conduct against a child in the first degree, ~ 130.75 (less than 11 years old) of the New York Penal Law; and (14)Course of sexual conduct against a child in the second degree, ~ 130.80 (less than 11 years old) of the New York Penal Law; (15)Sexual misconduct, ~ 130.20 (sexual intercourse without consent) of the New York Penal Law; (16) Forcible touching, § 130.52 (sexual or intimate parts) of the New York Penal Law; (17)Persistent sexual abuse, ~ 130.53 (two or more convictions within the past 10 years for less than 17 years old or 14 years old) of the New York Penal Law; (18)Aggravated sexual abuse in the fourth degree, ~ 130.65a (less than 17 years old) of the New York Penal Law; (19)Female genital mutilation, ~ 130.85 (less than 18 years old non-medical procedure) of the New York Penal Law; (20)Facilitating a sex offense with a controlled substance, ~ 130.90 (without consent to con~ait a felony) of the New York Penal Law; Whenever a clergy person is required to report under this article, in his or her capacity as a member of the clergy, he or she shall immediately notify the person in charge of such church, synagogue, or mosque, or his or her designated agent, who shall then also become responsible to report or cause reports to be made to 911 or the pertinent village, town, or county Police Department when he or she has reasonable cause to suspect that a minor coming before them is or has been the victim of sexual abuse, or when another clergy person comes before them and states from personal knowledge facts, conditions, or circumstances which, if correct, would render the minor a victim of sexual abuse. [Amended 8-28-2002 by Res. No. 819-2002] Eo No information derived from a confession or confidential communication to a clergyman shall be disclosed pursuant to the requirements of this article if the confession or confidence is made to the clergyman in his or her professional capacity as a spiritual advisor, unless the person so confessing or confiding waives this privilege. All contract vendors covered by this article shall inform all of their employees in writing as to the disclosure requirements of this article and shall also inform them that each of them must report any allegations of child abuse covered in paragraph (A) of the 1st RESOLVED clause of this article to supervisory, management, or designated administrative personnel of the employer. 577-17. Failure to com~ly; penalties foz offenses. Failure to comply with the terms and conditions of this article shall result in the following: First violation: the contract vendor shall be issued a warning and all supervisory, administrative, and management employees of such contract vendor shall be required to attend a child sexual abuse prevention/education workshop provided by a contract agency approved by the County of Suffolk via duly enacted resolution, which workshop shall include specific skills for adults to help prevent childhood sexual abuse; skills that adults can teach children to help protect themselves from childhood sexual abuse; skills for detecting the signs of childhood sexual abuse; and how to report allegations of childhood sexual abuse. The cost of this training shall be paid for by the contract vendor. In addition, the contract vendor shall submit a corrective plan of action to the Suffolk County Office of Labor Relations. Second violation within a three-year period subsequent to a first violation: the contract vendor shall be subject to a fine of 10% percent of the contracts that the pertinent violating individual supervisor, manager, or administrator oversees, 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, joint venture, business organization, or other entity overseen by the pertinent violating individual supervisor, manager, or administrator and the withholding of all payments to said individual, partnership, corporation, joint venture, business organization, or other entity for such agreements regardless of whether such payments are for past or future goods or services. The contract vendor shall not be eligible for funding from the County for three years from the date of such termination. 577-18. Authority to issue rules and regulations. The Suffolk County Department of Law is hereby authorized, empowered, and directed to issue and promulgate such rules and regulations as shall be deemed necessary and appropriate to implement the provisions of this article. III Gratuities §386-1 GIFTS TO PARTY OFFICIALS §386-1 CHAPTER 386 POLITICAL PARTIES, GIFTS TO OFFICIALS OF § 386-1. § 386-2. § 386-3. § 386-4. § 386-5. Definitions. Prohibited acts. Clause required in all contracts. Penalties for offenses. Excepted contributions. [HISTORY: Adopted by the Suffolk County Legislature 12-9-80 as L.L. No. 32-1980. Amendments noted where applicable.] §386-1. Definitions. As used in this chapter, the following terms shall have meanings indicated: AGREEMENT -Any written or oral contract or any implied contract, including but not limited to a contract for the sale of goods or services, a construction contract or a lease or contract relating to real or personal property. The term "agreement" shall also include any transaction whereby a person agrees to sell goods or services, or both, to the county pursuant to a successful bid. GRATUITY -Any money, benefit, entertainment, gift or any other consideration' whatsoever. OFFICIAL OF A POLITICAL PARTY -A party officer as defined by §1-104, Subdivision 5, of the Election Law. PERSON -Any individual, partnership, firm, corporation or other legal entity, as well as their employees, agents or representatives. POLITICAL PARTY -A party as defined by § 1-104, Subdivision 3, of the Election Law. § 386-2. Prohibited acts. A. It shall be a crime for any person to offer or give any gratuity to an official of any political party with the purpose of intent of securing or obtaining an agreement with the County of Suffolk or securing favorable treatment with respect to the awarding or amending of such agreement or the making of any determination with respect to the performance of an agreement. Page 1 of 2 B. It shall be a crime for an official of a political party to solicit, receive or accept a gratuity in connection with securing or obtaining an agreement with the County of Suffolk or securing favorable treatment with respect to the awarding or amending of such agreement or the making of a determination with respect to the performance of such agreement. § 386-3. Clause required in all contracts. In all agreements with the County of Suffolk made after the effective date of this chapter, there shall be written representation by the person entedng the agreement with the county that he has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of this chapter. § 386-4. Penalties for offenses. Criminal. A violation of §386-2 of this chapter shall be a Class A misdemeanor and shall be punishable by a sentence of not more than one (1)year in prison or a fine of not more than one thousand dollars ($1,000) or by both such fine and imprisonment. Civil remedies. A violation 'of § 386-2 or 386-3 of this chapter shall give the county the option, among other civil remedies, of either terminating the agreement or deducting the value of the gratuity from any amount due or to become due from the county thereunder. §386-5. Excepted contributions. This chapter shall not apply to contributions to political parties, committees or candidates as defined by § 14-100, Subdivision 9, of the Election Law. Such contributions shall be excluded from and shall not be in violation of this chapter. Page 2 of 2 IV Contractor's/Vendor's Public Disclosure Statement Documents SUFFOLK COUNTY ADMINISTRATIVE CODE SECTION A6-7 § A5-7. Contractors and vendors required to submit full disclosure statement. [Derived from L.L. No. 14-1976, as amended 2-27-1979 by L.L. No. 6-1979] A. Definitions. As used in this section, the following terms shall have the meanings indicated: CONTRACT - Any written agreement between Suffolk County and a contractor or vendor to do or perform any kind of labor, service, purchase, construction or public work, unless the contract is for a federally or state- aided, in whole or in part, program required to be bid pursuant to § 103 of the New York General Municipal Law. [Amended 6-29-1993 by L.L. No. 28-1993~] NOTE: L.L. No. 28-1993 also provided as follows: Section 1. Legislative Intent. This Legislature hereby finds and determines that Suffolk County's comprehensive Contractor/Vendor Public Disclosure Statement Law currently applies to a broad array of contracts that exceed one thousand dollars ($1,000.) in value, subject to exemptions for contrectore doing business with the County Department of Social Services; hospitals; educational, medical, and governmental entities; and not-for-profit corporations. This Legislature further finds and determines that these exemptions prevent full disclosure of important information that may be useful to elected county officials in determining whether or not specific types of contracts are in the public interest, especially in light of recent trends towards privatizafion and use of outside consultants on an increased basis by municipalities. Therefore, the purpose of this law is to eliminate many of the exemptions from completing and filing verified public disclosure statements with the County Comptroller available to certain contractors providing social services or health services contracts. CONTRACTOR or VENDOR [Amended 12o18-1990 by L.L. No. 41- 1990~; 6-29-1993 by L.L. No. 28-1993=] - Any proprietorship, partnership or closely held corporation which has a contract with Suffolk County in excess of one thousand dollars ($1,000.) or which has three (3) or more contracts with Suffolk County, any three (3) of which, when combined, exceed one thousand dollars ($1,000.), except: (1) Hospitals. (2) Educational or governmental entities. ~ Editor's Note: This local law was adopted by the legislature after disapproval by the Executive on 5-26-1993. 2 Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive on t2-¶3-1990. See the note at § A4-12. 3 Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive on 5-26-t993. See note above. Page I of 3 (3) Not-for-profit corporations. (4) Contracts providing for foster care, family day-care providers or child protective consulting services. FULL DISCLOSURE CLAUSE - A proviso to be included as a material part of a contract imposing upon the contractor or vendor a material, contractual and statutory duty to file a verified public disclosure statement. VERIFIED PUBLIC DISCLOSURE STATEMENT - A declaration, the contents of which are acknowledged before a notary public, containing information required under this section. A full disclosure clause is to be included in all future contracts between Suffolk County and a contractor or vendor. Such full disclosure clause shall constitute a material part of the contract. C. Notice of the full disclosure clause shall be included and made a part of the specifications, if any, which are submitted to interested potential bidders. Each contractor or vendor shall file a verified public disclosure statement with the Comptroller of Suffolk County as soon as practicable prior to being awarded the contract. An updated disclosure statement shall be filed by the contractor or vendor with the Comptroller by the 31st day of January in each year of the contract's duration. It shall be the duty of the Comptroller to accept and file such statements. E. No contract shall be awarded to any contractor or vendor, as defined in this section, unless prior to such award a verified public disclosure statement is filed with the Comptroller as provided in this section. Any vedfied public disclosure statement containing fraudulent information shall constitute, for all purposes, a failure to file such statement in the first instance. F. The verified public disclosure statement required by this section shall include: (1) A complete list of the names and addresses of those individual shareholders holding more than five-pement interest in the firm. (2) The table of organization for the company shall include the names and addresses of all individuals serving on the board of directors or comparable body, the names and addresses of all partners and the names and addresses of all corporate officers. The contractor or vendor shall conspicuously identify any such person in this table of organization who is an officer or an employee of Suffolk County. Page 2 of 3 (3) A complete financial statement listing all assets and liabilities as well as a profit-and-loss statement, certified by a certified public accountant. Such statement shall be the most current available and in no event shall have been prepared more than six (6) months prior to the date of the filing of the bid. No financial statement or profit-and-loss statement shall be required from any contractor or vendor having fifty percent (50%) or more of their gross revenues from sources other than the County of Suffolk. A separate folio for each company shall be maintained alphabetically for public inspection by the Comptroller. Remedies. The failure to file a verified public disclosure statement as required under this section shall constitute a material breach of contract. Suffolk County may resort, use or employ any remedies contained in Article 2 of the Uniform Commercial Code of the State of New York. In addition to all legal remedies, Suffolk County shall be entitled, upon a determination that a breach has occurred, to damages equal to fifteen percent (15%) of the amount of the contract. Under no circumstances shall the county be precluded from invoking any remedy contained in the preceding section by reason of its failure to invoke promptly its remedies. Page 3 of 3 Suffolk County Form 22 Contractor's/Vendor's Public Disclosure Statement Pursuant to Section A5-7 of the Suffolk County Administrative Code, this Public Disclosure Statement must be completed by all contractors/vendors that have a contract with Suffolk County. In the event contractor/vendor is exempt from completing paragraphs numbered 1 through 11 below, so indicate at paragraph number 12 below setting forth the reason for such exemption. Notwithstanding such exempt status, you must execute this form below before a notary public. Contractor's/Vendor's Name Town of Southold Address 53095 Route 25 - P.O. Box 1179 City and State Southold, NY Zip Code 11971 Contracting Department's Name Southold Town Police Department Address 41405 Route 25, P.O. Box 911, Peconic, NY 11958 5.b o Payee Identification or Social Security No. 116001939 Type of Business~Corporation~Partnership__Sole Proprietorship Other Is contractor/vendor entering into or has contractor/vendor entered into a contract with Suffolk County in excess of $1,0007 Yes No. Has contractor/vendor entered into three or more contracts, including the one for which you are now completing this form, with Suffolk County, any three of which, when combined, exceed $1,0007 Yes No. Table of Organization. List names and addresses of all principals; that is, all individuals serving on the Board of Directors or comparable body, names and addresses of all partners, and names and addresses of all corporate officers. Conspicuously identify any person in this table of organization who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary.) List all names and addresses of those individual shareholders holding more than five percent (5%) interest in the contractor/vendor. Conspicuously identify any shareholder who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary). 10. Does contractor/vendor derive 50% or more of its total revenues from its contractual or vendor relationship with Suffolk County? Yes No. If you answered yes to 8 above, you must submit with this disclosure statement, a complete financial statement listing all assets and liabilities as well as a profit and loss statement. These statements must be certified by a Certified Public Accountant. (Strike this out if not applicable.) The undersigned shall include this Contractor's/vendor's Public Disclosure Statement with the contract. {Describe general nature of the contract.). Page 1 of 3 Public Disclosure Form 11. 12. Remedies. The failure to file a verified public disclosure statement as required under local law shall constitute a material breach of contract. Suffolk County may resort, use or employ any remedies contained in Article II of the Uniform Commercial Code of the State of New York. In addition to all legal remedies, Suffolk County shall be entitled, upon a determination that a breach has occurred, to damages equal to fifteen percent (l 5%) of the amount of the contract. If you are one of the entities listed below at a) through c) or you qualify under d) below, you are exempt from completing paragraphs numbered 1 through 11 herein: __ a) Hospital . b) Educational or governmental entities __ c) Not-for-profit corporations __ d) Contracts providing for foster care, family day-care providers or child protective services Please check to the left side of the appropriate exemption. 13. Dated: Printed Name of Signer: Title of Signer: Name of Contractor/Vendor: Verification. This section must be signed by an officer or principal of the contractor/vendor authorized to sign for the company for the purpose of executing contracts. The undersigned being sworn, affirms under the penalties of perjury, that he/she has read and understood the foregoing statements and that they are, to his/her o~~ 1/6/05 Signed: ~_ ~--~---~'~,~ carlisle E. C~chran; Jr. Chief of Police Southold Town Police Department UNIFORM CERTIFICATE OF ACKNOWLEDGMENT O, Vithin New York State) STATE OF NEW YORK) COUNTY OF Suffolk ) ss.: On the ~ day of _"fAn~t/pt~.9~ in the year 200~before me, the undersigned, personally appeared Carlisle E. Coehran, Jr. ' persat(ally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed t~j~strument. (signature and office of individual taking acknowledgement) PATRK~A D. ~ Nota~' ~ ~ of New yo~k No. 01GA45~513 Qualified In Suffo~ Ggn~W ~ , Page 2 of 3 Public Disclosure Form UNIFORM CERTIFICATE OF ACKNOWLEDGEMENT (Without New York State) STATE OF ) )SS.: COUNTY OF ) On the _day of in the year 2004 before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual(s) made such appearance before the undersigned in (Insert the city or other political subdivision and the state or country or other place the acknowledgement was taken) (signature and office of individual taking acknowledgement) Contractor's/Vendor's Public Disclosure Statement Form (Rev. 3/04) Page 3 of 3 Public Disclosure Form C:kDocuments and Settlngs\PatG.SOUTHOLD_NTXLocal Setfings\Temporat3' Internet Files\OLKl6\Suff. Co. Exhibit Pub. Disc. FormSOP 04.doc