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Home My WebLink AboutIntermunicipal Agreement RESOLUTION 2006-873 ADOPTED DOC ID: 2279 TillS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-873 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 8, 2006: RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Sunervisor Scott A. Russell to execute the Intermunicinal Ae:reement for Services between the Town of Southold and the Countv of Suffolk. Dent. of Fire Rescue and Emere:encv Services in connection with the Multi-Jurisdictional, Multi-Hazard Mitigation Plan, subject to the approval of the Town Attorney. ~_I~Q~'~. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William P. Edwards, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. RESOLUTION 2005-753 ADOPTED DOC ill: 1333 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-753 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 6, 2005: WHEREAS, the Town has made application for a Federal Multi-Jurisdictional Hazard Mitigation Planning Grant; and WHEREAS, on October 18, 2005, the Town of South old was notified that it had been awarded such a grant in an amount of$I13,087.00 (75%) with a local match of $37,696.00 (25%); and WHEREAS, the Town's local match may be satisfied through pre-existing salary and indirect costs; and WHEREAS, this grant and the resulting plan will fully conform with the requirements of the United States Disaster Act of 2000 (DMA 2000) and 44 CFR Part 201; and WHEREAS, the Town is required to have such an approved plan to qualify for future Federal mitigation fund awards; and WHEREAS, the grant (FY2005PDMC) is for a 2-year period in which the County of Suffolk will receive $1,117,904.25, of which the above referenced amount ($113,087) will be disbursed to the Town. IT IS HEREBY RESOLVED that the Town Board of the Town of Southold accepts the grant award and expresses its intent to enter into an agreement with the County to effect such hazard mitigation planning, subject to the review and approval ofthe Town Attorney. Ptj...l"'.fca~f'(i'J.. Elizabeth A. Neville , . ...Rev. 10/31/06; Law No. 08-FS-002 , Town of Southold; Reimbursement for Plan/Grant Deliverables Intermunicipal Agreement for Services This Agreement ("Agreement") is between the County of Suffolk ("County"), acting through its duly constituted Department of Fire Rescue and Emergency Services ("Department" and/or "FRES"), located at Yaphank Avenue, Yaphank, New York 11980; and the The Town of Southold ("Municipality"), a municipal corporation organized under the State of New York located at Town Hall, 53095 Route 25, Southold, New York, 11971-0959. The parties hereto desire to coordinate in connection with the development of a Multi Jurisdictional, Multi-Hazard Mitigation Plan and for the County to utilize certain grant funds to reimburse the Municipality for such coordination services. Term of Agreement: September 1,2006 through September 13, 2007, or such later date as may be set forth in a letter issued by the County in accordance with paragraph x of Exhibit B. Payment Terms: Shall not exceed $113,086.50 to be paid to the Municipality, as set forth in paragraphs 2.g.and 2.h of Exhibit D and Exhibit E, attached. Terms and Conditions: Shall be as set forth in Exhibits A through G, attached hereto and incorporated herein. In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. Town Of~out d By: ~"'V/U Sco A. Russell Town Supervisor Date: tI~ I~- Ofp Fed. Taxpayer ID No. ll- 600 l 9..3 '1 County of Suffolk By: f>~~~ Paul Sabatino II Chief Deputy County Executive Date: ..2,j:1II').Go'1 By: ~~~iUf- Cynthia ay Parry Assista Count Attorney Department of Fire Rescue and Emergency Services ~~:- D,~)I Approved as to Legality: Christine Malafi, Suffolk County Attomey :~:commen~ ~s F, O'Hara Project Manager Date" /,{iI" Date: Page 1 of 21 Pages Rev. 10/31/06; Law No. 08-FS-002 Town of Southold; Reimbursement for Plan/Grant Deliverables List of Exhibits Exhibit A: General Terms and Conditions 1. Purpose of Agreement 2. Term and Termination 3. Indemnification 4. Insurance 5. Independent Contractor 6. Severability 7. Merger; No Oral Changes 8. Set-Off Rights 9. Governing Law 10. No Implied Waiver 11. Cooperation on Claims 12. No Intended Third Party Beneficiaries Exhibit B: Suffolk County Legislative Requirements 1. Municipality'sNendor's Public Disclosure Statement 2. Living Wage Law 3. Use of County Resources to Interfere with Collective Bargaining Activities Local Law No. 26-2003 4. Gratuities 5. Prohibition Against Contracting with Corporations that Reincorporate Overseas 6. Child Sexual Abuse Reporting Policy 7. Non Responsible Bidder 8. Use of Funds in Prosecution of Civil Actions Prohibited 9. Suffolk County Local Laws Website Address Exhibit C: Notices and Contact Persons Exhibit D: Description of Services Exhibit E: Payment Terms 1. General Payment Terms and Conditions 2. Agreement Subject to Appropriation of Funds 3. Specific Payment Terms and Conditions Exhibit F: County and Municipality Authorizing Documents FEMA Award Letter Exhibit G: Tetra Tech EM Inc. Agreement Page 2 of 21 Pages Rev. 10/31/06; Law No. 08-FS-002 Town of Southold; Reimbursement for Plan/Grant Oeliverables Exhibit A General Terms and Conditions Whereas, Suffolk County (the County) is a grantee under a FEMA letter dated October 3, 2005 and Suffolk County Resolution 184-2006; and Whereas, the County will utilize federal and state grant funds to coordinate with the Municipality in the development of a Multi-Jurisdictional, Multi-Hazard Mitigation Plan; Now, Therefore, in consideration of the mutual covenants herein set forth, the County and the Municipality agree as follows: 1. Purpose of Agreement The Municipality and the County shall coordinate, as more particularly described in Exhibit D, entitled "Description of Services." 2. Term and Termination a. Term This Agreement shall cover the period set forth on page one of this Agreement, unless sooner terminated as provided below. Upon receipt of a Termination Notice, as that term is defined below, pursuant to the following paragraphs, the Municipality shall promptly discontinue all Services affected, unless otherwise directed by the Termination Notice. Neither party shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such obligations is prevented or delayed by any cause which is beyond the reasonable control of the affected party, and the time for performance of either party hereunder shall in event be extended for a period equal to any time lost as a result thereof. b. Termination for Cause This Agreement may be terminated in whole or in part in writing by the County in the event of failure by the Municipality to fulfill any of the terms and conditions under this Agreement; provided that no such termination shall be effective unless the Municipality is given five (5) calendar days' written notice of intent to terminate ("Notice of Intent to Terminate"), delivered personally or by certified mail, return receipt requested. During such five (5) day period, the Municipality will be given an opportunity for consultation with the County and an opportunity to cure all failures of its obligations prior to termination. Prior to issuance of a written termination notice ("Termination Notice") by the County, the Municipality shall be given an additional five (5) days to cure all failures to fulfill its obligations under this Agreement. In the event that the Municipality has not cured all its failures to fulfill its obligations to the satisfaction of the County by the end of the combined ten (10) day period, the County will issue a Termination Notice, effective immediately. Page 3 of 21 Pages .. Rev. 10/31/06; Law No. OS-FS-002 Town of Southold; Reimbursement for Plan/Grant Deliverables c. Termination for Convenience i. Either party shall have the right to terminate this Agreement at any time and for any reason deemed to be in its best interest, provided that no such termination shall be effective unless the other party is given thirty (30) calendar days' written notice of termination. ii. Upon giving of a notice pursuant to the foregoing sub-paragraph, the Municipality shall promptly discontinue all services affected unless otherwise directed by the notice of termination. iii. In such event of termination, the County shall pay the Municipality for the services rendered through the date of termination. 3. Indemnification Each party shall indemnify, defend, protect and save the other party harmless from and against any claim, damage, loss, liability, cost and expense (including reasonable attorney's fees) in connection with any loss or damage to property, personal injury, bodily injury, or death, suffered by the indemnified party and/or third parties arising out of or resulting from the negligence or willful misconduct of such indemnifying party, its employees, contractors and/or agents in connection with such party's exercise of its rights and performance of its obligations under the terms of this Agreement. These obligations shall survive the expiration or termination of this Agreement. 4. Insurance a. The Municipality agrees to procure, pay the entire premium for and maintain throughout the term of this Agreement, insurance in amounts and types specified by the County and as may be mandated and increased from time to time. The Municipality agrees to require that all of its sub-contractors, in connection with work performed for the Municipality 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 Municipality. Unless otherwise specified by the County and agreed to by the Municipality, in writing, such insurance shall be as follows: i. 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 Municipality 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 Page 4 of 21 Pages . Rev. 10/31/06; Law No. 08-FS-002 Town of Southold; Reimbursement for Plan/Grant Deliverables not less than One Hundred Thousand Dollars ($100,000.00) for property damage per occurrence. iii. Worker's Compensation and Employer's Liability insurance in compliance with all applicable New York State laws and regulations and Disability Benefits insurance, if required by law. The Municipality 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 from coverage pursuant to SS57 and 220 of the Workers' Compensation Law. In accordance with General Municipal Law S108, this Agreement shall be void and of no effect unless the Municipality shall provide and maintain coverage during the term of this Agreement for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. b. All policies providing such coverage shall be issued by insurance companies with an A.M. Best rating of A- or better. c. The Municipality shall furnish to the County Declaration Pages for each such policy of insurance and upon request, a true 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 Municipality shall furnish a Declaration 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 as set forth in this Agreement in the paragraph entitled "Notices and Contact Persons" or at such other address of which the County shall have given the Municipality notice in writing. e. In the event the Municipality shall fail to provide the Declaration Pages or certificates of insurance or to maintain any insurance required by this Agreement, the County may, but shall not be required to, obtain such policies and deduct the cost thereof from payments due the Municipality under this Agreement or any other agreement between the County and the Municipality. f. If the 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 insurance companies. Page 5 of 21 Pages Rev. 10/31/06; Law No. 08-FS-002 Town of Southold; Reimbursement for Plan/Grant Deliverables 5. Independent Contractor It is expressly agreed that the Municipality status hereunder is that of an independent Municipality. Neither the Municipality, nor any person hired by the Municipality shall be considered employees of the County for any purpose. 6. Severability It is expressly agreed that if any term or provision of this Agreement, or the application thereof to any person or circumstance, shall be held invalid or unenforceable to any extent, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. 7. Merger; No Oral Changes It is expressly agreed that this Agreement represents the entire agreement of the parties, that all previous understandings are merged in this Agreement. No modification of this Agreement shall be valid unless written in the form of an Amendment and executed by both parties. 8. Set-Off Rights The County shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the County's option to withhold, for the purposes of set-off, any moneys due to the Municipality under this contract up to any amounts due and owing to the County with regard to this contract and/or any other contract with any County department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the County for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The County shall exercise its set-off rights in accordance with normal County practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the County agency, its representatives, or the County Comptroller, and only after legal consultation with the County Attorney. 9. Governing Law This Agreement shall be governed by the laws of the State of New York. In the event of any dispute or litigation, the venue of any proceeding to determine the rights and liabilities of the respective parties arising under this Agreement shall be in the New York Supreme Court, Suffolk County; or, in the event of a proceeding in the federal courts, in the District Court for the Eastern District of New York. Page 6 of 21 Pages , Rev. 10/31/06; Law No. 08-FS-002 Town of Southold; Reimbursement for Plan/Grant Deliverables 10. No Implied Waiver No waiver shall be inferred from any failure or forbearance of the County to enforce any provision of this Agreement in any particular instance or instances, but the same shall otherwise remain in full force and effect notwithstanding any such failure or forbearance. 11. Cooperation on Claims Each of the parties hereto agrees to render diligently to the other party, without additional compensation, any and all cooperation, that may be required to defend the other party, its employees and designated representatives against any claim, demand or action that may be brought against the other party, its employees or designated representatives in connection with this Agreement. 12. No Intended Third Party Beneficiaries This Agreement is entered into solely for the benefit of County and the Municipality. No third party shall be deemed a beneficiary of this Agreement, and no third party shall have the right to make any claim or assert any right under this Agreement. End of Text for Exhibit A Page 7 of 21 Pages , Rev. 10/31/06; Law No. 08-FS-002 Town of Southold; Reimbursement for Plan/Grant Deliverables Exhibit B Suffolk County Legislative Requirements 1. Municipality'sNendor's Public Disclosure Statement The Municipality represents and warrants that it has filed with the Comptroller of Suffolk County the verified public disclosure statement required by Suffolk County Administrative Code Article V, 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 Municipality 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 Agreement, for which the County shall be entitled, upon a determination that such breach has occurred, to damages, in addition to all other legal remedies, of fifteen percent (15%) of the amount of the Agreement. Required Form: Suffolk County Form SCEX 22; entitled "Municipality'sNendor's Public Disclosure Statement" 2. Living Wage Law 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. The Municipality represents and warrants that it has read and shall comply with the requirements of Suffolk County Code Chapter 347, Suffolk County Local Law No. 12-2001, the Living Wage Law. Required Form: Suffolk County Living Wage Form LW-38; entitled "Suffolk County Department of Labor - Living Wage Unit Living Wage Certification/Declaration - Subject To Audit" 3. Use of County Resources to Interfere with Collective Bargaining Activities Local Law No. 26-2003 The Municipality represents and warrants that it has read and is familiar with the requirements of Chapter 466, Article 1 of the Suffolk County Local Laws, "Use of County Resources to Interfere with Collective Bargaining Activities". County Municipalitys (as defined) shall comply with all requirements of Local Law No. 26-2003 including the following prohibitions: a. The Municipality shall not use County funds to assist, promote, or deter union organizing. Page 8 of 21 Pages , Rev. 10/31/06; Law No. 08-FS-002 Town of Southold; Reimbursement for Plan/Grant Deliverables b. No County funds shall be used to reimburse the Municipality for any costs incurred to assist, promote, or deter union organizing. c. The County of Suffolk shall not use County funds to assist, promote, or deter union organizing. d. No employer shall use County property to hold a meeting with employees or supervisors if the purpose of such meeting is to assist, promote, or deter union organizing. If the Municipality services are performed on County property the Municipality must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, non intimidation agreement and a majority authorization card agreement. If the Municipality services are for the provision of human services and such services are not to be performed on County property, the Municipality must adopt, at the least, a neutrality agreement. Under the provisions of Local Law No. 26-2003, 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. Required Form: Suffolk County Labor Law Form DOL-L01; entitled "Suffolk County Department of Labor - Labor Mediation Unit Union Organizing Certification/Declaration - Subject to Audit" 4. Gratuities The Municipality represents and warrants that it has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State 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 Suffolk County (Chapter 386 of the Suffolk County Code). 5. Prohibition Against Contracting with Corporations that Reincorporate Overseas The Municipality represents that it is in compliance with Suffolk County Administrative Code Article IV, ssA4-13 and A4-14, found in Suffolk County Local Law No. 20-2004, entitled "A Local Law To Amend Local Law No. 5-1993, To Prohibit The County of Suffolk From Contracting With Corporations That Reincorporate Overseas." Such law provides that no contract for consulting services or goods and services shall be awarded by the County to a business previously incorporated within the U.S.A. that has reincorporated outside the U.S.A. Page 9 of 21 Pages Rev. 10/31/06; Law No. 08-FS-002 Town of South old; Reimbursement for Plan/Grant Oeliverables 6. Child Sexual Abuse Reporting Policy The Municipality agrees to comply with Chapter 577, Article IV, of the Suffolk County Code, entitled "Child Sexual Abuse Reporting Policy", 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. 7. Non Responsible Bidder The Municipality represents and warrants that it has read and is familiar with the provisions of Suffolk County Code Chapter 143, Article II, 99143-5 through 143-9. Upon signing this Agreement the Municipality certifies that he, she, it, or they have not been convicted of a criminal offense within the last ten (10) years. The term "conviction" shall mean a finding of guilty after a trial or a plea of guilty to an offense covered under the provision of Section 143-5 of the Suffolk County Code under "Nonresponsible Bidder." 8. Use of Funds in Prosecution of Civil Actions Prohibited Pursuant to the Suffolk County Code Section 9590-3, the Municipality represents that it shall not use any of the moneys received under this Agreement, either directly or indirectly, in connection with the prosecution of any civil action against the County of Suffolk or any of its programs, funded by the County, in part or in whole, in any jurisdiction or any judicial or administrative forum. 9. Suffolk County Local Laws Suffolk County Local Laws, Rules and Regulations can be found on the Suffolk County web site at www.co.suffolk<http://www.co.suffolk.nv.us>.Click on "Laws of Suffolk County" under "Suffolk County Links". End of Text for Exhibit B Page 10 of 21 Pages , Rev. 10/31/06; Law No. 08-FS-002 Town of Southold; Reimbursement for Plan/Grant Deliverables Exhibit C Notices and Contact Persons 1. Notices Relating to Payments, Reports, Insurance, or Other Submissions Any communication, notice, claim for payment, report, insurance, or other submission necessary or required to be made by the parties regarding this Agreement shall be in writing and shall be given to the County or the Carrier or their designated representative at the following addresses or at such other address that may be specified in writing by the parties and must be delivered as follows: For the Department: By Regular or Certified Mail in Postpaid Envelope Q! by Courier Service or by Fax or by E-Mail Fire Rescue and Emergency Services Yaphank Avenue Yaphank, New York 11980 Att. Thomas O'Hara, Project Manager For the Municipality: By Regular or Certified Mail in Postpaid Envelope Q! by Courier Service or by Fax or by E-Mail At the address set forth on page one of this Agreement, attention of the person who executed this Agreement or such other designee as the parties may agree in writing. 2. Notices Relating to Termination and/or Litigation In the event the Carrier receives a notice or claim or becomes a party (plaintiff, petitioner, defendant, respondent, third party complainant, third party defendant) to a lawsuit or any legal proceeding related to this Agreement, the Carrier shall immediately deliver to the County Attorney, at the address set forth below, copies of all papers filed by or against the Carrier. Any communication or notice regarding termination shall be in writing and shall be given to the County or the Carrier or their designated representative at the following addresses or at such other addresses that may be specified in writing by the parties and must be delivered as follows: Page 11 of 21 Pages Rev. 10/31/06; Law No. OB-FS-002 Town of Southold; Reimbursement for Plan/Grant Deliverables For the County: By Regular or Certified Mail in Postpaid Envelope Q! by Courier Service or by Fax or by E-Mail Fire Rescue and Emergency Services Yaphank Avenue Yaphank, New York 11980 Att. Joseph F. Williams, Commissioner and Christine Malafi, County Attorney Suffolk County Department of Law H. Lee Dennison Building 100 Veterans Memorial Highway Hauppauge, New York 11788 For the Municipality: By Regular or Certified Mail in Postpaid Envelope or by Courier Service Q! by Fax or by E-Mail At the address set forth on page one of this Agreement, attention to the person who executed this Agreement or such other designee as the parties may agree in writing. 3. Notices sent shall be deemed delivered on the date they are mailed or deposited with a nationally recognized overnight courier service. 4. Each party shall give prompt written notice to the other party of the appointment of successor(s) to the designated contact person(s) or his or her designated successor(s). Page 12 of 21 Pages Rev. 10/31/06; Law No. 08-FS-002 Town of Southold; Reimbursement for Plan/Grant Deliverables Exhibit D Responsibilities of the Parties 1. Background Information The Disaster Mitigation Act of 2000 ("DMA 2000") identifies and authorizes new local mitigation planning requirements and establishes an effective date for the availability of approved mitigation plans as a pre-requisite to project funding. The implementing regulations to the planning requirements of DMA 2000 are outlined in 44 CFR Part 201 and provides for the development of comprehensive and integrated local mitigation plans. Such plans, to the extent feasible and practicable, are allowed to be consolidated to meet the minimum requirements of the Federal Emergency Management Agency (FEMA) mitigation programs, such as the Flood Mitigation Assistance Program, the Community Rating System, the Pre-Disaster Mitigation Program and the Hazard Mitigation Grant Program. In New York State, the designated applicant is the State Emergency Management Office, herein after referred to as SEMO, on behalf of Suffolk County. Suffolk County made an application for FFY 2005 funds to SEMO on behalf of the sub- applicant, the Municipality, and is required to administer funds awarded to the Municipality. FEMA, in a letter dated October 3, 2005, approved the sub-grant planning application submitted on behalf of the Municipality to prepare a Multi-Jurisdictional, Multi-Hazard Mitigation Plan. In a letter dated November 7,2005, SEMO officially notified Suffolk County of FEMA's approval of the sub-grant planning application and provided it with a copy of FEMA's approval letter with conditions of approval. SEMO Mitigation Planning staff subsequently conducted a program management and plan development meeting with officials from The County of Suffolk and the Municipality and provided recommendations and associated guidance material for successful plan development. 2. Responsibilities a. The County and the Municipality must comply with the all the provisions of the FEMA grant award letter and its attachments, dated October 3, 2005 (attached in Exhibit F). b. The County has executed an agreement with a planning consultant, Tetra Tech EM Inc. ("TetraTech"), for the purpose of assisting the County and the Municipality in preparing the multi-hazard mitigation plan to ensure that the plan complies with the planning requirements outlined in 44 CFR Part 201.6 "Local Mitigation Plans" that is attached to the FEMA award letter and incorporated herein by reference. Page 13 of 21 Pages , Rev. 10/31/06; Law No. 08-FS-002 Town of Southold; Reimbursement for Plan/Grant Deliverables c. The Municipality shall coordinate with the County and TetraTech to prepare the Plan. Such coordination shall involve all aspects d. The County, on behalf of the Municipality, shall submit a draft plan to SEMO by May, 2007 in order to meet FEMA's draft plan submission deadline of September 13, 2007. e. In order for the County and/or the Municipality to be considered for a period of performance extension, SEMO must submit a formal written request to the FEMA Regional Director. This request must be sent to FEMA no later than 60 days prior to the expiration of the period of performance, September 13, 2007. Therefore, Suffolk's request must be submitted to SEMO at least 90 days prior to the expiration of the period of performance. This extension request must include a justification for the extension. This justification is a written explanation of the reason or reasons for the delay and should include the following; the percentage and description of work completed, copies of contracts between the sub-applicant and an vendor, the cost incurred and outline of remaining funds available to support the extended performance period, an outline of the remaining task (s) to be completed and the proposed completion date. This justification must also demonstrate that the plan development is in progress. If said extension is granted by FEMA, the expiration date of this contract will automatically extend to such date based upon a written notice sent via Certified Mail to the Municipality to the attention of the contact person listed in Exhibit C. f. The MUNICIPALITY will submit accurate quarterly status reports to Suffolk County Department of Fire, Rescue and Emergency Services, which will reflect the status of the planning activity being funded. The quarterly reports must also contain any problems or circumstances which will affect completion dates, or which will result in noncompliance with the plan conditions. If the quarterly reports are inaccurate Suffolk County reserves the right to deny the request for a time extension. g. The Multi-Jurisdictional Pre-Disaster Mitigation Plan grant is awarded on a 75/25% cost- share and reimbursement basis. The federal share of the grant is $113,086.50. The Municipality's non-federal share is $37,695.50. In order for the Municipality to receive reimbursement for the full federal share authorized, the Municipality's total cost to assist in the preparation of the Plan must be at least $150,782.00. If the total project cost is less than $150,782.00, the amount reimbursed will be adjusted based on the 75/25% cost share formula. h. The maximum amount that the County will reimburse through a Suffolk County Payment Voucher shall not exceed 90% of the federal share of the grant funds for which verified eligible expenditures have been submitted. After the final plan has been approved by FEMA, Suffolk County will release the remainder (10%) of the grant funds to the Municipality following Suffolk County's review and approval of supporting documentation that has been provided by the Municipality. i. The County will process progress payments if the Municipality has submitted a certified claim with verified eligible expenditures and Suffolk County can reasonably determine that the completed plan development scope of work is equivalent in value to the amount Page 14 of 21 Pages , Rev. 10/31/06; Law No. 08-FS-002 Town of Southold; Reimbursement for Plan/Grant Oeliverables documented by the Municipality. Furthermore, Suffolk County must be confident, based on the review of the Quarterly Reports, that the Municipality will eventually assist the contracted consultant in the completion of the plan during the approved performance period. Suffolk County may choose to base payment on qualitative performance measures, releasing funds for which verifiable eligible expenditure have been submitted, in 25% increments as the following elements of the planning process are satisfied according to 44 CFR Part 201.6. i. Planning Process - 25% ii. Risk Assessment - 25% iii. Mitigation Strategy & Plan Maintenance - 25% iv. Plan approved by FEMA - 25% j. If the Municipality fails to use these funds for the above stated purpose the funds not used appropriately must be immediately returned to FEMA via Suffolk County upon request from SEMO. k. Once the mitigation plan is complete, the County and the Municipality shall review, revise and update the plan at least every 5 years. The updated plan shall be submitted to SEMO, which will in turn submit the plan to FEMA for review and approval. The periodic review and updating of the plan is required for the Municipality to remain eligible for federal funding under FEMA Mitigation Grant Programs. 3. Coordination with Tetra Tech EM Inc. a. The County of Suffolk (the "County") has contracted with Tetra Tech EM Inc. for the preparation of a Multi Jurisdictional Multi-Hazard Mitigation Plan (the "Plan") that meets the necessary requirements of 44 CFR FEMA Part 201.6. b. A description of services associated with the development of the Multi-Jurisdictional Pre-Disaster Mitigation Plan is set forth in the agreement between the County and Tetra Tech EM Inc. (Exhibit G). c. The Municipality is responsible for assisting Tetra Tech in any required planning effort that is applicable and practical under the Grant requirements, including the following: i. The purpose of the Plan is to demonstrate the jurisdiction's commitment to reduce risks from natural hazards, serving as a guide for County and Municipal decision-makers as they commit resources to reducing the effects of natural hazards. Local plans will also serve as the basis for the State to provide technical assistance and to prioritize project funding." ii. The County, the six (6) towns, and ten (10) villages within Suffolk County have agreed to participate in the plan. For the participating Towns the Plan will also include their participating villages. At a minimum, the multi-jurisdiction plan anticipated will include Suffolk County and sixteen towns and villages. Not all of these participating Villages will receive funding from the FEMA Grant. Page 15 of 21 Pages . Rev. 10/31/06; Law No. 08-FS-002 Town of Southold; Reimbursement for Plan/Grant Deliverables iii. The Suffolk County Mitigation Planning Committee ("MPC"), which contains at least one representative from the Municipality and each other participating jurisdiction, was recently formed to oversee the project. iv. Tetra Tech will be required to provide technical guidance and support to the Municipality representative on the MPC to ensure that activities of the Committee are appropriate and consistent with the requirements of 44 CFR Part 201.6 - Local Mitigation Plans. v. The final plan prepared by Tetra Tech must also meet the requirements of 44 CFR Part 60 Criteria for Land Management and Use, Section 1361 (c) of the National Flood Insurance Act of 1968, and be Community Rating System (CRS) approved, maximizing all available CRS accredation. 5. Project Management The Suffolk County Office of Emergency Management (OEM) and the Municipality representative on the MPC will be the administrative agencies for the Plan. OEM shall have primary responsibility for management of and contract administration for the Plan. 6. Timeframe - Scope of Work Project Award: August 2006 Submission of Draft Initial Plan to County: April 2007 Submission of Draft Initial Plan to SEMO: May 2007 Submission of Draft Final Plan to County: August 2007 Submission of Draft Final Plan to SEMO/FEMA: September 2007 7. Plan Content - Scope of Work Tetra Tech has developed the following technical approach that will meet these multiple program criteria, thus enabling the County and the Municipality to leverage and maximize their grant funding opportunities. The following general tasks shall be undertaken by Tetra Tech, with input and support from the County and the Municipality as representatives on the MPC and stakeholders as indicated, in preparation of the Plan: · Project Initiation, Organization of Resources, Kick-Off · Public Outreach Strategy · Data Collection · Hazard Identification, Profiling and Risk Assessment · Identification of Mitigation Goals and Objectives · Development of Mitigation Strategies · Development of Plan Implementation, Integration, and Maintenance and Update Programs Page 16 of 21 Pages Rev. 10/31/06; Law No. 08-FS-002 Town of Southold; Reimbursement for Plan/Grant Deliverables · Compilation, Production and Distribution of Draft and Final Deliverables . Plan Submission, Review and Adoption 8. Deliverables Once all the necessary data and information are collected, risk analysis is run and mitigation plans are developed, Tetra Tech will compile a Initial Draft Plan for review by the County and the Municipality as representatives onto the MPC and subsequent submission to SEMO. The Initial Draft Plan will consist of all necessary elements, including: i. Brief introduction, including context for and description of the need for the Plan. ii. Brief description of the history, physical setting, land use patterns, and development trends of the area to be covered by the Plan (Suffolk County). iii. A list and assessment of the hazards and risks to which each of the participating partners is vulnerable. iv. Summary of the Hazard New York Analysis (HAZNY) conducted by SEMO and the participating partners and addition of supplemental information to the HAZNY, as necessary. v. Tetra Tech will format Suffolk County's master property data file for use by GIS/HAZUS for the sharing of data to all participating municipalities, including those with fledging GIS systems. vi. Summary of current federal, state, and local programs and policies that address the identified risks. vii. Include any existing plans or studies created by Plan participants relevant to the Plan goals shall be incorporated. viii. Statement of the Plan goals and objectives. ix. A prioritized list of recommended strategies, programs, policies, and actions to address identified hazards and risks, including those that are relevant to public facilities and infrastructure as well as general environmental conditions. The list should include a brief description of each recommendation, persons responsible for implementing recommendations, approximate cost of and potential funding sources for implementing recommendations, cost effectiveness of recommendations, and suggested timeline for implementing recommendations. x. Strategy for evaluating, revising, and implementing the Plan. xi. A description of how this plan will exceed the minimum requirements of the National Flood Insurance Program (NFIP). The minimum NFIP requirements for communities are Page 17 of 21 Pages Rev. 10/31/06; Law No. 08-FS-002 Town of South old; Reimbursement for Plan/Grant Deliverables spelled out in 44 CFR Parts 59-General Provisions and 60-Criteria for Land Management and Use. xii. Documentation of coordination with public relations vendor and public participation in Plan development. xiii. Documentation that the County and the municipality have met the requirements of the Disaster Mitigation Act of 2000, as described in the Federal Register (Volume 67, Numbers 38 and 190, dated February 26, 2002 and October 1. 2002 respectively). xiv. Other descriptions, documentation, and Plan elements as required to meet SEMO and FEMA approval. xv. Documentation of the open public involvement process, and inclusion of public input. Note at least two public meetings will be scheduled within each participating Township providing for the involvement of neighboring communities, interested agencies or private and non-profit organizations. Consultant will need to coordinate their role in these meetings with the public relations vendor. xvi. The planning process will be documented and included in the Plan, including how the plan was prepared, who was involved in the process, and how the public was involved. xvii. A manual shall be developed and provided to Suffolk County and the Municipality describing the procedures to be followed for future required Plan updates. To aid all Plan participants in their understanding of the current plan and increase their skills in regards to upgrading the future plan, the Consultant shall arrange an introductory HAZUS-MH hands-on training session. This session shall have space for one representative from each participating town and village, as well as one space for each Suffolk County agency involved in Plan preparation. xviii. A draft report will be prepared for review by the New York State Emergency Management Office (SEMO) by June, 2007 (at least 3 months before the FEMA Draft deadline) a final Plari(at least 2 months before the 24-month deadline in FEMA's approval) will be prepared for acceptance by FEMA. Product deliverables shall become the sole property of the County and the Municipality as representatives on the MPC and cannot be shared. All materials supplied shall not be kept in confidence unless in contract differently (not used in profit). Refer also to Appendix I. 9. Plan Submission, Review and Adoption CFR 201.6(c)(5) requires that each jurisdiction covered by a Multi-Jurisdictional Plan formally adopt the Plan. The primary tool Tetra Tech uses to achieve this project requirement is the public involvement process discussed above. By fully involving all stakeholders in development of the Plan, we can ensure their support of the final document. Tetra Tech will support the County and the municipality as representatives on the MPC in the presentation of the Plan to the political bodies of the participating jurisdictions. Since the MPC, public, FEMA and SEMO will have had an opportunity to review and comment on the Initial and Final drafts of the Plan it is assumed that any and all deficiencies identified by them will be Page 18 of 21 Pages . Rev. 10/31/06; Law No. 08-FS-002 Town of Southold; Reimbursement for Plan/Grant Deliverables addressed in the Final Plan. The Final Plan would then be considered approvable, pending adoption. Once the Final Plan has been adopted, it will be forwarded to SEMO and FEMA for final approval. 10. Final Plan By April 15, 2007 , Tetra Tech will present to members of the Planning Group and other invited local officials the final version of the Plan, both verbally and in writing, that includes the requirements listed above and that incorporates the comments suggested by Suffolk County EMO staff and MPC members, in a format suitable for reproduction by a public relations vendor chosen by the MPC and Graphics Department. The final Plan must also include documentation of public participation in Plan development and documentation that the participating partners have adopted the final Plan. The final printing will be provided by the public relations vendor. 11. Conditions of Plan Approval The first draft of the Local Mitigation Plan must be completed by April, 2007. The date for the submission of the Draft Final Plan to SEMO/FEMA is September 2007. Tetra Tech's work will not be considered complete until the Local Mitigation Plan is finally accepted by FEMA. Page 19 of 21 Pages . Rev. 10/31/06; Law No. 08-FS-002 Town of Southold; Reimbursement for Plan/Grant Deliverables Appendix to Exhibit D Data Collection and Mapping Standards Early in the project, the consultant must review their proposed data structure, file format, geo- referencing standard and metadata content with the Mitigation Planning Committee. Existing County developed map and digital GIS data products can be made available to the consultant based on County data distribution standards and policy. All data collected by the consultant remains the property of the applicable Plan participants. as the consultant converts and/or re-formats data, copies of these files shall be provided back to the owners immediately. The consultant shall not re-use any data obtained in connection with this contract without the express written permission of the dataset owner(s). Furthermore, the consultant shall be aware that they will be receiving data of a confidential nature, which, if released, whether accidentally or intentionally may constitute a breach of homeland security. The consultant shall take all measures necessary to limit internal access to said data. All tabular data products received from the consultant must be Microsoft .mdb files. Any files the consultant receives from Plan participants in comma delimited or other tabular formats shall be converted to Microsoft .mdb files. Any field mapping files created during data conversion processes shall also be provided. All digital spatial data products received from the consultant must be formatted for use with ESRI ArcView, Version 9.x. The standard geo-referencing format for Suffolk County digital spatial data is New York State Plane Central coordinate grid system, based on the 1983 North American Datum and GRS80 Spheroid. The standard software file format for spatial data is ESRI, ArcView geodatabase. The County's preference is to receive digital data products in the standard geo-referenced file formats. If it is not possible for the consultant to provide the digital spatial data in the standard format, the County may accept the data as ESRI, or ArcView shapefile (.shp). Export files from other GIS software packages may be acceptable, but must be pre-approved by the County. Other CAD drawing formats and non-geo-referenced files will not be accepted. In addition, the consultant is required to submit FGDC compliant metadata for each spatial data set. Throughout the duration of the contract, this metadata shall be created, updated, and validated as necessary. Copies of all digital data provided must also be provided back to each Plan participant in .pdf and paper format. Consultant shall format datasets for use on both county, town, and village levels. End of Text for Appendix to Exhibit D Page 20 of 21 Pages . Rev. 10/31/06; Law No. 08-FS-002 Town of Southold; Reimbursement for Plan/Grant Deliverables Exhibit E Payment Terms and Conditions 1. General Payment Terms a. The Municipality shall prepare and present a claim form supplied by the County and approved for payment by the County ("Suffolk County Payment Voucher"). Payment by the County will be made within thirty (30) days after approval by the Comptroller of the County of Suffolk. b. The Municipality agrees that it shall be entitled to no more than the fees set forth in this Exhibit E for the completion of all work, labor and services contemplated in this Agreement. c. The charges payable to the Municipality under this Agreement are exclusive of federal, state and local taxes, the County being a municipality exempt from payment of such taxes. d. The acceptance by the Municipality of full payment of all billings made on the final approved Suffolk County Payment Voucher under this Agreement shall operate as and shall be a release to the County from all claims and liability to, its successors, legal representatives and assigns, for anything done or furnished under and by the provisions of this Agreement. 2. Specific Payment Terms and Conditions Billing for this project shall be on a quarterly basis, one month prior to the required Quarterly Submittal by Suffolk County to NYSEMO and will accompany the Municipality Quarterly Programmatic Report. Payment will be made for the FEMAlNYSEMO approved personnel of the Municipality for the purpose of this Plan, documented on a Force Account Labor Record as supplied by NYSEMO. 3. 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 Services covered by this Agreement. End of Text for Exhibit E Page 21 of 21 Pages Suffolk County, New York Department of Labor SUFFOLK COUNTY DEPARTMENT OF LABOR - LABOR MEDIATION UNIT UNION ORGANIZING CERTIFICATIONIDECLARATION - SUBJECT TO AUDIT If the following definition of "County Contractor" (Union Organiziug Law Chapter 466-2) 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 Sections 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. IIwe 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 such shall not use County funds to assist, promote, or deter union organizing (Chapter 466-3 A), nor seek reimbursement from the County for costs incurred to assist, promote, or deter union organizing. (Chapter 466-3 B) Check if Applicable I/we further agree to take all action necessary to ensure that County funds are not used to assist, promote, or deter union organizing. (Chapter 466-3 H) D I/we further agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are made, IIwe 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. IIwe 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. (Chapter 466-3 I) IIwe further affirm to the following: . IIwe will not express to employees any false or misleading information that is intended to influence the determination of employee preferences regarding union representation; . l/we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining representative; . IIwe 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; . l/we understand my/our obligation to limit disruptions caused by prerecognition labor disputes through the adoption of nonconfrontational procedures for the resolution of prerecognition 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, I/we further agree that every County contract for the provision of services, when such services will be performed on County property, shall include a requirement that I/we adopt a reasonable access agreement, a neutrality agreement, fair cormnunication agreement, no intimidation agreement, and a majority authorization card agreement. I/we further agree that every County contract for the provision of human services, when such services are not to be performed on County property, shall include a requirement that IIwe adopt, at the least, a neutrality agreement. IIwe understand that the efficient, timely, and nondisruptive provision of goods and services is a paramount financial interest of the County of Suffolk and as such, the County expects the potential County contractor to protect the County's financial interest by adopting nonconfrontational procedures for the orderly resolution oflabor disputes, including, but not limited to, neutrality agreements, majority authorization card agreements, binding arbitration agreements, fair cormnunication agreements, nonintimidation agreements, and reasonable access agreements, DOL-LOI (6/05) Suffolk County, New York Department of Labor Section II The Union Organizing Law does not apply to this contract for the following reason(s): D Check if Applicable Section III Contractor Name: TOwn M Sou+kl cI Federal EmployerID#: ((- ~OO('1':>'1 .f 0, /JcQ( { ('7 '1 Amount of Assistance: <)V (Afi,o(~ f)Y (/71/- OfJ7 Vendor#: cp:J/- 101- r'K'Tf Contractor Address: Contractor Phone #: Description of project or service: Section IV I declare under penalt certification, and that ~ of perjury under the Laws of the State of New York that the undersigned is authorized to provide this above is true and correct. Authorized Signature 5G-o+t- Il- Date ((~(~...o, DOL-LOI (6/05) SUFFOLK COUNTY DEPARTMENT OF LABOR - LlHNG w:~ GE UlIilT LIVING II':~GE CER1ll1CATIONIDECLARATION -SUBJECT TO AUDIT If either of the foUolVmg defiuitiolUl of lcompelilutio.' (}.i1ei1l6 Wql:!! Law Chapter 347 - Z) applies to the C'olltnldo-r's.lrecipient's busiue'ss OJ' trausactiou witlt Suffolk CODUty, tit. coutractor/nclpie-uf U!lu:st complete SKUo:US 1, 3," helol"f and Form L\V-l (~Qti('f' 'of AppUcanoll for COllaty CompelluDou). If tal f'ollowia,g defmitioasdoDot appl,., tu contraetorlred.;pient must complete St'criOI1,. 2,3 aDd" below. Completed fO-rmIllDUt b. s,1IIbmitted to dteawardiDg :agen~'. ';AllY grant. loan. tax incentive O>l" abatemeut, bond fiuancing subsidy Mother foom. of comp.e.w.ation of more that $50.000 which is r..liud bj' or provided to.n employer' of.t 1e..11en (10) employ"'" by or tlu:ough the authority or .ppr'o,,! of the County of Suffolk," or "Any o;.er'i.'iu contraet or subCODttact let to a contractor with ten (l0) 01" more employees by the CO\mt)' of Suffolk for the furnishing of ~n.ices. to or for the COl\.U1ty of Suffolk (except contracts where !Jelvices aJ:e.lncideutal to the: dtii'l"'el]' of products, equipml!1lt or comwodLtie5) which im:olve an expenditure equal to or greater than $10,000. For the p\lIpOSes. of this definition. the amount of exp-ellduure for mOTl!! than cue contract for the $Jl1le se:nice shall be aggregatecL A contract for 1:he pm-ehas.e or lea.$li! of goods, products, eqlUpment, ~uppIie$ 'Or other property is not' compensation' for the p'WpOSes of this definition. " 5.eNioD I D Cbock if apphcable Se-r dOD II D Check if applinh1e SRnou ill C:olltractOl' Name: ConttJ.ctor Address.: Contractor Phone #: The Living Wage Law applies to. this eootract. I/we hereby 3gIl!.'e to campI}' with all the provisions of Suffolk County Local low No, 12-2001, the Suffolk County Living Wag. law (the Law) and, " ,uoh, wiU provide to.U full, part-time o-r tempor,llY employed pel'Sons who perfonn work or rendu sen-ices on Dr for a pl"Oje.ct, matter, c:onh3ct or subcontract wbore thi, company has l'K.wM compeD!lillion, from the County ofSulfolk" det'in.d in the Law (oompensation) a w.;e rate of no I... than S9,64 ('$8.50 for child care p1'O\>idets) p.. horu'wOIked wilhboalth benefits,a. de!l<1'ibed in the Law, or otherwise SIO,98 ($9,75 for child .....provid...) per hour or the ...t.. ""m.y be .tljusted armually in a<<<>rdmc. with the L.w (Chapter 347-3 B) Vwemrtner agr~e that my tenant or lea~kler of this eompany that employs at least te.n (10) pe:r$'OIU and occupie.s pl"Operty 01. uses .equipment 01 prope1ty that is. im:proved OJ' de,."elop-ed as a u!1,uIi af compensation or an)' contnctor or .ub<.onlJ'ot01' of 11m comp'll)' that employ' at lsst ten (10) P"'O'" in prodncing or providing good. Of services to 11m company that are used. in the project or matter for which this company has received compeIUattOD shall ~mply with .11 the plovisio", of the Law, including tho"" specifwlabove, (Chaptw 347-2) I/we further agree to penuitKCess. to wm:k sites and ltievant pa)'IOll records by authorized County representatives; rOI. the pulpo.. of monitoring complianoe with r~gabtions under this Chapter of the Suffolk County Code, im....-tig.ling employ.. compl.ints of nol1COmpl:ian<:e and <>valuating the operation and effed5 of 11m Chapter, including the production for .inspection & eopymg of payroUrecords for any OJ: all employus for the te-rm of theconttact or tor five (5) f'!Ors, wbicbovor period of romplimce is ~r_ All payroll and b....fit records required by the County will b. maintained for inspection for a similar period oftimo, (Chapler 341-7 D) The County Department of Labor shan review the l'econis of my Cover.ed Employer at least ODell e"ltery three years to verify COIllPliaooe with the provisions of the Law, (Chapter 347-4 C) The Ln'mg Wag. Law doe. not apply to this ronlDct for the following .-.ason(.): --rQ (,HI ~ - r;, 1^~r:I Feder.1 Employer IDII: { ( - c. 00 ( '1 Y r fl. V, ib)( { ( 1 'j Amonnt o{compensation 50 :t~ij)J /f; ItoV1 Vendor#: DeSCllptionof project or ) SH'riOJD IV' I ded,.l~ under penal .and thal the a.bove - i"lC'e: pegwy under the Laws of the State of Now Yo'" that the undersigned is authoriz.d to provide thi, certification, andron:ect Author; ~ ~igna"i/R J" ""'++- If-. Ie..JAJr p / V::r 1. 1/; r Il"1 Flint Name md Title .;:,fAuth.o.riz..d ItDt . (C~ (<;'-0' D.te LIV 38 (m-ised 7-05, replac.. form, LW2, LW3, and LW33) 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 I through II 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. 1. Contractor'sNendor's Name Address City and State Zip Code 2. Contracting Department's Name Address 3. Payee Identification or Social Security No. 4. Type of Business_Corporation _Partnership_Sole Proprietorship_Other 5.a Is contractor/vendor entering into or has contractor/vendor entered into a contract with Suffolk County in excess of$I,OOO? _Yes_No. 5.b 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 $1,000? _Yes_No. 6. 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.) 7. 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). 8. Does contractor/vendor derive 50% or more of its total revenues from its contractual or vendor relationship with Suffolk County? _Yes_No. 9. 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 ifnot applicable.) 10. The undersigned shall include this Contractor'sNendor's Public Disclosure Statement with the contract. (Describe general nature of the contract.) Page 1 of 3 Public Disclosure Form 11. 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 (15%) of the amount of the contract. 12. 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. 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 peIjury, that he/she has read and understood the foregoing statements and that they are, to hislher own edge, true. to];;:,;; V- 16 v1 -f-:/J o/ri Dated: (I-I'C- ~o C. Printed Name of Signer: Title of Signer: Name ofContractorNendor: Signed: UNIFORM CERTIFICATE OF ACKNOWLEDGMENT (Within New York State) STATE OF NEW YORK) COUNTY OF ) ss.: On the I ~ ~ day of /IJ 0 v~ &% in the year 2006 before me, the undersigned, personally appeared X~ ;< v\<;"\( If 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 hislher/their capacity(ies) and that by hislher/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (signature and office f L- BONNIE J. DOROSKI NolalY Public, Stale Of NawYorll No. OID06095328, Suffolk County Term Expires July 7, 20 a 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 2006 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'sNendor's Public Disclosure Statement Form (Rev. 3/04) Page 3 of 3 Public Disclosure Form . Rev. 10/31/06; Law No. 08-FS-002 Town of Southold; Reimbursement for Plan/Grant Deliverables Exhibit F County and Municipality Authorizing Documents FEMA Award Letter Attached ELIZABETH NEVILLE TOWN CLERK '{\ Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765-1800 southoldtown.northfork.net EXHIBIT F REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER RESOLUTION # 2005-753 Resolution In: 1333 Meeting: Department: Category: 12/06/05 04:30 PM Town Attorney Grants THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-753 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 6,2005: WHEREAS, the Town has made application for a Federal Multi-Jurisdictional Hazard Mitigation Planning Grant; and WHEREAS, on October 18,2005, the Town of South old was notified that it had been awarded such a grant in an amount of$113,087.00 (75%) with a local match of $37,696.00 (25%); and WHEREAS, the Town's local match may be satisfied through pre-existing salary and indirect costs; and WHEREAS, this grant and the resulting plan will fully conform with the requirements ofthe United States Disaster Act of 2000 (DMA 2000) and 44 CFR Part 201; and WHEREAS, the Town is required to have such an approved plan to qualify for future Federal mitigation fund awards; and WHEREAS, the grant (FY2005PDMC) is for a 2-year period in which the County of Suffolk will receive $1,117,904.25, of which the above referenced amount ($113,087) will be disbursed to the Town. IT IS HEREBY RESOLVED that the Town Board of the Town of South old accepts the grant award and expresses its intent to enter into an agreement with the County to effect such hazard mitigation planning, subject to the review and approval of the Town Attorney. ~ClQ~'1'. Elizabeth A. Neville Southold Town Clerk ""10 Kes. ,"0. '1 Hj;j-LUUb laid on Table 2/7/2006 Inlroduced by Presiding Officer, on request of the County Executive and Legislator Romaine RESOLUTION NO. 184- 2006, ACCEPTING AND APPROPRIATING 75% FEDERAL PASS- THROUGH GRANT FUNDS FROM THE NYS EMERGENCY MANAGEMENT OFFICE TO THE SUFFOLK COUNTY DEPARTMENT OF FIRE, RESCUE AND EMERGENCY SERVICES FOR A FY2005 PRE DISASTER MITIGATION PLANNING (PDMC) GRANT AND TO EXECUTE GRANT RELATED AGREEMENTS WHEREAS, the NYS Office of Emergency Management has awarded 75% federal grant funds to the Department of Fire, Rescue and Emergency Services for a FY2005 Pre-Disaster Mitigation Planning Grant in the amount of $1,117,904.25; and WHEREAS, these funds will be used to engage in the process of multi-jurisdictional mitigation planning and produce a local multi-jurisdictional mitigation plan satisfying the requirements of 44 CFR Part 201 for Suffolk County and its local communities including the Town of Babylon; Town of Huntington; Town of Riverhead; Town of Shelter Island; Town of Smithtown; Town of Southold; Village of Asharoken; Village of Bellport; Village of Huntington Bay; Village lake Grove; and Village of Northport; and WHEREAS, Suffolk County and it's town and villages have experienced numerous natural and man-made losses including six (6) presidential declared disasters costing over $16 million dollars since 1985 and according the National Flood Insurance Program, Suffolk County ranks second in New York State in repetitive losses; and WHEREAS, it is the desire of the County of Suffolk and all participating municipalities to fully conform with the United States Disaster Act of 2000, which calls for each political subdivision within the United States to have a pre-approved mitigation plan prior to federal mitigation fund awards; and WHEREAS, this FY2005 PDMC grant is for a two (2) year period beginning September 14, 2005 through September 13, 2007 in which the County will received 75% funding in the amount of $1,117,904.25; and WHEREAS, the remaining 25% local match in the amount of $372,634.75 is identified as pre-existing costs, leaving no additional costs to the County ($151,217) or any of the municipal partners ($221,417.75); and WHEREAS, $1,097,852.25 of said funds have not been included in the 2006 Operating Budget, and $20,052 has been included in the 2006 Operating Budget; now, therefore be it 151 RESOLVED, that the County Comptroller and County Treasurer be and that they hereby are authorized to accept $ 1,117,904, including $20,052 in 001-PlN-8020-11 0 and fringes and appropriate said grant funds as follows: REVENUES: AMOUNT 001-FRE-4374 Pre-Disaster Mitigation Grant 001-PlN-4374 Pre-Disaster Mitigation Grant $ 1,097,852.25 $20,052.00 ORGANIZATIONS: Department of Fire, Rescue & Emergency Services Pre-Disaster Mitigation Grant 001-FRE-3408 - $1 ,072,988.25 1000 - Personal Services 1100 Permanent Salaries $ 70,767.00 $ 70,767.00 4000 - Contractual Expenses 4560 Fees for Services-Non Employees 4980 Contracted Agencies XXXX - Town of Huntington XXXX - Town of Riverhead XXXX - Town of Shelter Island XXXX - Town of Smithtown $1,002,221.25 $337,968.00 $664,253.25 $108,299.25 $82,191.75 $42,491.25 $88,200.00 XXXX - Town of South old XXXX - Town of Babylon XXXX - Village of Asharoken XXXX - Village of Bellport XXXX - Village of Huntington Bay XXXX - Village of Lake Grove XXXX - Village of Northport $113,086.50 $125,863.50 $22,601.25 $19,674.75 $22,601.25 $16,642.50 $22,601.25 Employee Benefits Social Security 001-EMP - 9030 - $5,414 Employee Benefits 8330 - Social Security $5,414 $5,414 Employee Benefits Retirement - $9,363 Employee Benefits 8280 - Retirement $9.363 $9,363 Employee Benefits Welfare Fund 001-EMP-9080 - $1,281 Employee Benefits 8380 - Welfare Fund Contribution $1,281 $1,281 Interfund Transfer Transfer to Employee Medical Health Plan 001-IFT-E039 - $8,806 Employee Benefits 9600 Transfer of Funds $ 8.806 $ 8,806 2"" RESOLVED, that the following interfund reyenues for Employee Medical Health Plan be accepted and appropriated as follows: REVENUES 039-IFT-R0001 Transfer from General Fund $8,806 ORGANIZATION Employee Benefits Major Medical Claim 039-EMP-9060 Employee Benefits 8360 - Health Insurance $8,806 $8,806 3'" RESOLVED, that the following position be and they hereby are created in the Department of Fire, Rescue & Emergency Services as follows: Department of Fire, Rescue & Emergency Services Pre-Disaster Mitigation Grant 001-FRE-3408 Position No. Spec No. 3408-0100-0001 1510 Position Title Planning Aide JC C Grade No. Created 17 1 and be it further 4'" RESOLVED, that the County Executive's Budget Office is authorized to assign appropriate pseud9 codes as necessary; and be it further 5'h RESOLVED, that nothing contained herein shall be construed as obligating or committing the County of Suffolk to continue the employment of the individuals filling the position created by this Resolution at the conclusion of the grant funding provided for such position created by said grant; and be it further 6'h RESOLVED, that this Legislature being the lead agency under SEQRA and Chapter 279 of the Suffolk County Code, hereby determines that this resolution constitutes a Type II action; and be it further is EM21. 7'h RESOLVED, that the Reporting Category for the County Integrated Financial Management System (IFMS) DATED: March 14,2006 APPROVED BY: Is/ Steve Levy County Executive of Suffolk County Date: March 27, 2006 U.S. Department of Homeland Security Region II Jacob K. Javits Federal Office Building 26 Federal Plaza, Room 1311 New York, New York 10278-0002 ~~t FEMA ~ "(1ND ,,'ic; _,\)[0 October 3, 2005 Mr. James W. Tuffey, Director New York State Emergency Management Office Building 22, Suite 101 1220 W ashington Avenue Albany, New York 12226-2251 Re: FY 2005 Pre-Disaster Mitigation (PDMC) PDMC-PL-02-NY -2005-016 Suffolk County Planning Grant Dear Mr. Tuffey: Program approval is granted for the Suffolk County, Pre-Disaster Mitigation (pDMC) planning grant PDMC-PL-02-NY-2005-016 to engage in the process of multi-jurisdictional mitigation planning and produce a local multi-jurisdictional mitigation plan. The approved scope of work requires that this Sub grantee engage in the process of mitigation planning and produce a local multi-jurisdictional mitigation plan that will satisfy the requirements of 44 CFR Part 201 for Suffolk County and it's local communities including: Town of Babylon, Town of Huntington, Town of Riverhead, Town of Shelter Island, Town of Smithtown, Town of Southold, Village of Asharoken, Village of Bellport, Village of Huntington Bay, Village of Lake Grove, and the Village of North port. Conditions of this approval and a copy of these regulations are enclosed. Any change to the approved scope of work as identified in this correspondence must be submitted to FEMA for consideration and approval prior to the implementation. In addition, any modification to the approved scope of work, which does not receive prior approval from FEMA, would jeopardize grant reimbursement. Based upon the information provided within the application, a two year period of performance was established. The Performance Period for this grant is September 14, 2005 through September 13, 2007. Funding will be made available in an amount not to exceed the total project cost of $1,490,539 with a Federal share of $1,117,904.25 and a required non-Federal matching share of $372,634.75. W\\tw.fema.gov' PH: (212) 680-3600 Mr. Tuffey October 3, 2005 Page 2 of6 We suggest that your office immediately notify the Sub grantee of our approval. Given the complexity of the planning and analysis tasks required as part ofthe plan development, initiation should begin as quickly as possible. We urge your office to meet with representatives of the Sub grantee to review each of the required project conditions. Mitigation planning offers a significant opportunity to reduce the Nation's disaster losses, and FEMA Region II is pleased to support Suffolk County's completion of a Mitigation Plan. When completed, the approved mitigation plan will establish the County of Suffolk and its participating local communities' commitment to reduce risks from natural hazards. It will serve as a tool for decision makers to commit resources that will reduce effects of natural hazards. To this end, we encourage the use of various FEMA-prepared planning "How-To" guides in the development ofthe plan. Copies of these documents will be provided upon request, and can also be obtained from the FEMA Publications Office (1-800-480-2520) or on-line at www.fema.f!ov/fima/TJlanninf!.shtm. Should the grantee require additional information, please contact Mike Foley at (212) 680-3634. Sincerel y, www.fema.gov.PH: (212) 680-3600 Mr. Tuffey October 3, 2005 Page 3 of 6 CONDITIONS OF APPROVAL Pre-Disaster Mitigation (PDMC) PDMC-PL-02-NY -2005-016 Suffolk County Planning Grant As part of our approval, the Subgrantee is required to adhere to all applicable Federal regulations including the following: 44 CFR: Subchapter A - General (Part 13 - Uniform administrative requirements for grants and cooperative agreements to State and local governments, Part 14- Administration of grants: Audits of State and local governments). This schedule requires a submission ofa draft mitigation plan by the end of the I8-month (March 31, 2007) and submission of a final plan by the end of the 24-month (September 13,2007). This final project completion milestone includes sufficient time for NYSEMO to conclude its administrative contract requirements, potential delays resulting from staffing requirements or other unforeseen circumstances. The Sub grantee should be made aware, however, that as of November 1, 2003, approved mitigation plans are required in order to receive project grants under the Pre-Disaster Mitigation (PDMC) program, and that as of November 1, 2004, approved mitigation plans are required in order to receive project grants under the HMGP. NYSEMO is to submit claims to FEMA for reimbursement of allowable costs prior to the drawing down of those funds. These submitted claims must also certify that reported costs were incurred in the performance of eligible work, that the approved scope of work was completed, and that the mitigation measure complies with the provisions of the Articles of Agreement. In accordance with 44 CFR ~ 13.40 and 13.41, NYSEMO is required to submit quarterly fmancial and performance reports 30 days after the end of each quarter. These reports should reflect the status and completion date for the project being funded. Any problems or circumstances affecting the completion date, scope of work, project cost, or which could be expected to result in noncompliance with the approved grant conditions are to be described in these quarterly progress reports. Requests for additional project time extensions will only be considered in instances where the Subgrantee has provided the Grantee with accurate quarterly status reports. www.fema.gov.PR (212) 680-3600 Mr. Tuffey October 3, 2005 Page 4 of6 CONDITIONS OF APPROVAL Pre-Disaster Mitigation (pDMC) PDMC-PL-02-NY-2005-0 16 Suffolk County Planning Grant In order for the Subgrantee to be considered for a period of performance extension, NYSEMO must submit a formal written request to the Regional Director. The request must be made no later than 60 days prior to the expiration of the period of performance and must include a justification for the extension. This justification is a written explanation of the reason or reasons for the delay; an outline of remaining funds available to support the extended performance period; and a description of performance measures necessary to complete the project within the requested extended period of performance. This justification must also demonstrate that the plan development is in progress. Other information required with this request includes: a revised budget information form (regardless of whether or not there are changes to the budget), copies of any contracts entered into between the Subgrantee with vendors or contractors, percentage of work completed and a description of all work completed. www.fema.gov.PH: (212) 680-3600 Mr. Tuffey October 3, 2005 Page 5 of6 44 CFR Sec. 201.6 Local Mitigation Plans. The local mitigation plan is the representation of the jurisdiction's commitment to reduce risks from natural hazards. serving as a guide for decision makers as they commit resources to reducing the effects of natural hazards. Local plans will also serve as the basis for the State to provide technical assistance and to prioritize project funding. (a) Plan requirement. (I) For disasters declared after November I, 2004, a local government must have a mitigation plan approved pursuant to this section in order to receive HMGP project grants. Until November 1, 2004, local mitigation plans may be developed concurrent with the implementation of the project grant. (2) Regional Directors may grant an exception to the plan requirement in extraordinary circumstances, such as in a small and impoverished community, when justification is provided. In these cases, a plan will be completed within 12 months of the award of the project grant. If a plan is not provided within this time frame, the project grant will be tenninated, and any costs incurred after notice of grant's tennination will not be reimbursed by FEMA. (3) Multi-jurisdictional plans (e.g. watershed plans) may be accepted, as appropriate, as long as each jurisdiction has participated in the process and has officially adopted the plan. State-wide plans will not be accepted as multi-jurisdictional plans. (b) PIarming process. An open public involvement process is essential to the development of an effective plan. In order to develop a more comprehensive approach to reducing the effects of natural disasters, the planning process shall include: (I) An opportunity for the public to comment on the plan during the drafting stage and prior to plan approval; (2) An opportunity for neighboring communities, local and regional agencies involved in hazard mitigation activities, and agencies that have the authority to regulate development, as well as businesses, academia and other private and non-profit interests to be involved in the plarming process; and (3) Review and incorporation, if appropriate, of existing plans, studies, reports, and techoical information. (c) Plan content. The plan shall include the following: (1) Documentation of the planning process used to develop the plan, including how it was prepared, who was involved in the process, and how the public was involved. (2) A risk assessment that provides the factual basis for activities proposed in the strategy to reduce losses from identified hazards. Local risk assessments must provide sufficient information to enable the jurisdiction to identify and prioritize appropriate mitigation actions to reduce losses from identified hazards. The risk assessment shall include: (i) A description of the type, location, and extent of all natural hazards that can affect the jurisdiction. The plan shall include information on previous occurrences of hazard events and on the probability of future hazard events. (ii) A description of the jurisdiction's vulnerability to the hazards described in paragraph (c)(2)(i) of this section. This description shall include an overall summary of each hazard and its impact on the community. The plan should describe vulnerability in terms of: (A) The types and numbers of existing and future buildings, infrastructure, and critical facilities located in the identified hazard areas; www.fema.gov.PH: (212) 680-3600 Mr. Tuffey October 3, 2005 Page 6 of6 (B) An estimate of the potential dollar losses to vulnerable structures identified in paragraph (c)(2)(i)(A) of this section and a description of the methodology used to prepare the estimate; (C) Providing a general description ofland uses and development trends within the community so that ntitigation options can be considered in future land use decisions. (iii) For multi-jurisdictional plans, the risk assessment section must assess each jurisdiction's risks where they vary from the risks facing the entire planning area. (3) A ntitigation strategy that provides the jurisdiction's blueprint for reducing the potential losses identified in the risk assessment, based on existing authorities, policies, programs and resources, and its ability to expand on and improve these existing tools. This section shall include: (i) A description ofntitigation goals to reduce or avoid long-term vulnerabilities to the identified hazards. (ii) A section that identifies and analyzes a comprehensive range of specific ntitigation actions and projects being considered to reduce the effects of each hazard, with particular emphasis on new and existing buildings and infrastructure. (iii) An action plan describing how the actions identified in paragraph (c )(2)(ii) of this section will be prioritized, implemented, and administered by the local jurisdiction. Prioritization shall include a special emphasis on the extent to which benefits are maximized according to a cost benefit review of the proposed projects and their associated costs. (iv) For multi-jurisdictional plans, there must be identifiable action items specific to the jurisdiction requesting FEMA approval or credit of the plan. (4) A plan maintenance process that includes: (i) A section describing the method and schedule of monitoring, evaluating, and updating the mitigation plan within a five-year cycle. (ii) A process by which local goverurnents incorporate the requirements of the ntitigation plan into other plamting mechanisms such as comprehensive or capital improvement plans, when appropriate. (iii) Discussion on how the community will continue public participation in the plan maintenance process. (5) Documentation that the plan has been formally adopted by the goveming body of the jurisdiction requesting approval of the plan (e.g., City Council, County Comntissioner, Tribal Council). For multi-jurisdictional plans, each jurisdiction requesting approval of the plan must document that it has been formally adopted. (d) Plan review. (I) Plans must be subntitted to the State Hazard Mitigation Officer for initial review and coordination. The State will then send the plan to the appropriate FEMA Regional Office for formal review and approval. (2) The Regional review will be completed within 45 days after receipt from the State, whenever possible. (3) Plans must be reviewed, revised if appropriate, and resubntitted for approval within five years in order to continue to be eligible for HMGP project grant funding. (4) Managing States that have been approved under the criteria established by FEMA pursuant to 42 U.S.C. 5170c( c) will be delegated approval authority for local mitigation plans, and the review will be based on the criteria in this part. Managing States will review the plans within 45 days of receipt of the plans, whenever possible, and provide a copy of the approved plans to the Regional Office. www.fema.gov.PH: (212) 680-3600 , Rev. 10/31/06; Law No. 08-FS-002 Town of Southold; Reimbursement for Plan/Grant Deliverables Exhibit G Tetra Tech EM Inc. Agreement Attached Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. Agreement This Agreement ("Agreement") is between the County of Suffolk ("County"), a municipal corporation of the State of New York, acting through its duly constituted Department of Fire Rescue and Emergency Services ("Department" and/or "FRES"), located at Yaphank Avenue, Yaphank, New York 11980; and Tetra Tech EM Inc. ("Contractor"), having its principal place of business at 100 Enterprise Drive, Suite 400, Rockaway, New Jersey 07866 The parties hereto desire that Contractor's ("Services") be made available to the County for the Development, Implementation, and Evaluation of a Multi Jurisdictional, Multi-Hazard Mitigation Plan. Term of Agreement: September 1, 2006 through September 13, 2007. Total Cost of Agreement: Shall not exceed $312,900.00, as set forth in Exhibit E, attached. Terms and Conditions: Shall be as set forth in Exhibits A through E; attached hereto and made a part hereof. In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. Tetra Tech EM Inc. County of Suffolk By: Name: Do glas ullivan Title: Operations Manager Tetra Tech EM Inc Rockaway, NJ Fed. Tax~62-1080561 Date: fD rk By: ~~Jlo~1t> Paul Sabatino" Chief Deputy County Executive Date: r (.)1 ?o1-:n:.iL. Approved: Department of Fire Rescue and mergency Services By: Approved As To Legality: Christine Malafi, County Attorney By: f\C ~<A.-\~~ Cynthia Kay Parry Assistant Co nty A orney Date: (0 eph F. Willi commlsslo'h jol:. Date: )0 h / Recommend=M A BY:~ ~u...- Thomas O'Hara Project Mrager Date: ~(19 r)r,., Page 1 of 45 Pages Rev. 10/11/06; Law No. 07 -FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. List of Exhibits Exhibit A General Terms and Conditions 1. Responsibilities of the Parties 2. Term and Termination 3. Indemnification and Limitation of Liability 4. Insurance 5. Independent Contractor 6. Severability 7. Merger; No Oral Changes 8. Set-Off Rights 9. Non-discrimination in Employment and Affirmative Action 10. Non-discrimination in Services 11. Governing Law 12. No Implied Waiver 13. Conflicts of Interest 14. Cooperation on Claims 15. Confidentiality 16. Assignment and Subcontracting 17. No Intended Third Party Beneficiaries 18. Publications and Publicity 19. Copyrights and Patents 20. Force Majeure Exhibit B Suffolk County Legislative Requirements 1. Contractor'sNendor's Public Disclosure Statement 2. Living Wage Law 3. Use of County Resources to Interfere with Collective Bargaining Activities Local Law No. 26-2003 4. Gratuities 5. Prohibition Against Contracting with Corporations that Reincorporate Overseas 6. Child Sexual Abuse Reporting Policy 7. Non Responsible Bidder 8. Use of Funds in Prosecution of Civil Actions Prohibited 9. Certification as to Relationships 10. Suffolk County Local Laws Website Address Page 2 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. Exhibit C Notices and Contact Persons Exhibit D Description of Services Exhibit E Payment Terms 1. General Payment Terms and Conditions 2. Agreement Subject to Appropriation of Funds 3. Specific Payment Terms and Conditions Page 3 of 45 Pages Rev. 10111106; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. Exhibit A General Terms and Conditions Whereas, the County issued an RFP which was advertised on April 20, 2006; and Whereas, the Contractor submitted a proposal in response to such RFP; and Whereas, the County has selected the Contractor to provide the services as set forth herein; and Now Therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree as follows: 1. Responsibilities of the Parties The Contractor shall provide Services, as more particularly described in Exhibit D, entitled "Description of Services." The Contractor shall perform such professional services as may be necessary to accomplish the work required to be performed under and in accordance with 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 and experience, if any, necessary to qualify them individually for the particular duties they perform. Contractor warrants that Contractor and its employees shall, in performing Services hereunder, exercise the degree of skill, care and diligence consistent with customarily accepted good practices and procedures at the time and location and for the type of Services performed. 2. Term and Termination a. Term This Agreement shall cover the period set forth on page one of this Agreement, unless sooner terminated as provided below. Upon receipt of a Termination Notice, as that term is defined below, pursuant to the following paragraphs, the Contractor shall promptly discontinue all Services affected, unless otherwise directed by the Termination Notice. b. Termination for Cause This Agreement may be terminated in whole or in part in writing by the County in the event of failure by Contractor to fulfill any of the terms and conditions under this Agreement; provided that no such termination shall be effective unless Contractor is given five (5) calendar days' written notice of intent to terminate ("Notice of Intent to Terminate"), delivered personally or by certified mail, return receipt requested. During such five (5) day period, Contractor will be given an opportunity for consultation with the County and an opportunity to cure all failures of its obligations prior to termination. Prior Page 4 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 , Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. to issuance of a written termination notice ("Termination Notice") by the County, Contractor shall be given an additional five (5) days to cure all failures to fulfill its obligations under this Agreement. In the event that the Contractor has not cured all its failures to fulfill its obligations to the satisfaction of the County by the end of the combined ten (10) day period, the County will issue a Termination Notice, effective immediately. c. Termination for Convenience i. The County shall have the right to terminate this Agreement at any time and for any reason deemed to be in its best interest, provided that no such termination shall be effective unless the Contractor is given thirty (30) calendar days' written notice of termination. ii. Upon giving of a notice pursuant to the foregoing sub-paragraph, the Contractor shall promptly discontinue all services affected unless otherwise directed by the notice of termination. iii. In such event of termination, the County shall pay the Contractor for the services rendered through the date of termination. d. Additional Terms and Extension Methodology i. Suffolk County and the MUNICIPALITY must comply with the all the provisions of the FEMA grant award letter and its attachments, dated October 3, 2005. ii. Tetra Tech, on behalf of Suffolk County in preparing the multi-hazard mitigation plan shall ensure that the plan complies with the planning requirements outlined in 44 CFR Part 201.6 "Local Mitigation Plans," that is attached to the FEMA award letter and incorporated herein by reference. iii. Notwithstanding paragraph 2 above, Suffolk County and the Mitigation Planning Committee, shall prepare the plan in conjunction with the contracted Planning Consultant. iv. The County of Suffolk, on behalf of the Mitigation Planning Committee, must submit the final plan to SEMO in order in order to meet FEMA's final plan submission deadline of September 13, 2007. v. In order for The County of Suffolk and/or the MUNICIPALITY to be considered for a period of performance extension, SEMO must submit a formal written request to the FEMA Regional Director. This request must be sent to FEMA no later than 60 days prior to the expiration of the period of performance, September 13, 2007. Therefore, Page 5 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. any Suffolk County request must be submitted to SEMO at least 90 days prior to the expiration of the period of performance. This extension request must include a justification for the extension. This justification is a written explanation of the reason or reasons for the delay and should include the following; the percentage and description of work completed, copies of contracts between the sub-applicant and an vendor, the cost incurred and outline of remaining funds available to support the extended performance period, an outline of the remaining task (s) to be completed and the proposed completion date. This justification must also demonstrate that the plan development is in progress. If said extension is granted by FEMA, the expiration date of this contract will automatically be extended to that extended date based upon a written notice sent via Certified Mail to each Signatory on the Agreement and/or their successor(s). 3. Indemnification and Limitation of Liability a. The Contractor agrees that it shall protect, indemnify and hold harmless the County and its officers, officials, employees, contractors, agents and other persons from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and reasonable attorneys' fees, arising out of the acts or omissions or the negligence of the Contractor in connection with the services described or referred to in this Agreement. The Contractor shall defend the County and its officers, officials, employees, contractors, agents and other persons in any suit, including appeals, or at the County's option, pay reasonable attorney's fees for defense of any such suit arising out of the acts or omissions or negligence of the Contractor, its officers, officials, employees, subcontractors or agents, if any, in connection with the services described or referred to in this Agreement. b. Limitation of Liability Except for claims for personal injury, tangible property damage or wrongful death the Contractors liability shall be limited, in the aggregate, to the total fees due the Contractor for Services rendered by the Contractor in accordance with this Agreement. 4. 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 and as may be mandated and increased from time to time. The Contractor agrees to require that all of its subcontractors, 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 shall be as follows: Page 6 of 45 Pages Re'v. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. i. 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 Dollars ($100,000.00) for property damage per occurrence. iii. Worker's Compensation and Employer's Liability insurance in compliance with all applicable New York State laws and regulations and Disability Benefits insurance, if required by law. 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 from coverage pursuant to 3357 and 220 of the Workers' Compensation Law. In accordance with General Municipal Law 3108, this Agreement shall be void and of no effect unless the Contractor shall provide and maintain coverage during the term of this Agreement for the benefit of such employees as are required to be covered by the provisions ofthe Workers' Compensation Law. iv. Professional Liability insurance in an amount not less than Two Million Dollars ($2,000,000.00) on either a per occurrence or claims made coverage 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 insurance and upon request, a true 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 Declaration 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 as set forth in this Agreement in the paragraph entitled "Notices and Contact Persons" or at such other address of which the County shall have given the Contractor notice in writing. Page 7 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. e. In the event Contractor shall fail to provide the Declaration Pages or certificates of insurance or to maintain any insurance required by this Agreement, the County may, but shall not be required to, obtain such policies and deduct the cost thereof from payments due Contractor under this Agreement or any other agreement between the County and Contractor. 5. Independent Contractor It is expressly agreed that the Contractor status hereunder is that of an independent contractor. Neither the Contractor, nor any person hired by the Contractor shall be considered employees of the County for any purpose. 6. Severability It is expressly agreed that if any term or provision of this Agreement, or the application thereof to any person or circumstance, shall be held invalid or unenforceable to any extent, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. 7. Merger; No Oral Changes It is expressly agreed that this Agreement represents the entire agreement of the parties, that all previous understandings are merged in this Agreement. No modification of this Agreement shall be valid unless written in the form of an Amendment and executed by both parties. 8. Set-Off Rights The County shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the County's option to withhold, for the purposes of set-off, any moneys due to the Contractor under this contract up to any amounts due and owing to the County with regard to this contract and/or any other contract with any County department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the County for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The County shall exercise its set-off rights in accordance with normal County practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the County agency, its representatives, or the County Comptroller, and only after legal consultation with the County Attorney. Page 8 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. 9. Non-discrimination in Employment and Affirmative Action The Contractor agrees in connection with the performance of this Agreement that the Contractor shall not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability, sexual orientation, military status or marital status, and will undertake or continue existing programs of affirmative action to ensure that women and minority group members are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of payor other forms of compensation. 10. Non-discrimination in Services During the performance of this Agreement: a. The Contractor shall not, on the grounds of race, creed, color, national origin, sex, age, disability, sexual orientation, military status or marital status: i. deny any individual any services or other benefits provided pursuant to this Agreement; or ii. provide any services or other benefits to an individual that are different, or are provided in a different manner, from those provided to others pursuant to this Agreement; or iii. subject an individual to segregation or separate treatment in any matter related to the individual's receipt of any service(s) or other benefits provided pursuant to this Agreement; or iv. restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any services or other benefits provided pursuant to this Agreement; or v. treat an individual differently from others in determining whether or not the individual satisfies any eligibility or other requirements or condition which individuals must meet in order to receive any aid, care, service(s) or other benefits provided pursuant to this Agreement. b. The Contractor shall not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, creed, color, national origin, sex, age, disability, sexual orientation, military status or marital status, or have the effect of defeating or substantially impairing accomplishment of the objectives of this Agreement in respect to individuals of a particular race, creed, color, national origin, sex, age, disability, sexual orientation, military status or marital status, in determining: i. the types of service(s) or other benefits to be provided, or ii. the class of individuals to whom, or the situations in which, such service(s) or other benefits will be provided; or Page 9 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. iii. the class of individuals to be afforded an opportunity to receive services. 11. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws. Venues shall be designated in Suffolk County, New York or the United States District Court for the Eastern District of New York. 12. No Implied Waiver No waiver shall be inferred from any failure or forbearance of the County to enforce any provision of this Agreement in any particular instance or instances, but the same shall otherwise remain in full force and effect notwithstanding any such failure or forbearance. 13. Conflicts of Interest a. The Contractor agrees that it will not during the term of this Agreement engage in any activity that is contrary to and/or in conflict with the goals and purposes of the County. b. The Contractor is charged with the duty to disclose to the County the existence of any such adverse interests, whether existing or potential. This duty shall continue so long as the Contractor is retained on behalf of the County. The determination as to whether or when a conflict exists or may potentially exist shall ultimately be made by the County Attorney after full disclosure is obtained. 14. Cooperation on Claims Each of the parties hereto agrees to render diligently to the other party, without additional compensation, any and all cooperation, that may be required to defend the other party, its employees and designated representatives against any claim, demand or action that may be brought against the other party, its employees or designated representatives in connection with this Agreement. 15. Confidentiality Any records, reports or other documents of the County or any of its agencies used by Contractor pursuant to this Agreement or any documents created as a part of this Agreement shall remain the property of the County and shall be kept confidential in accordance with applicable laws, rules and regulations. 16. Assignment and Subcontracting a. 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 the Agreement, or assign all or any portion of the monies that may be due or become due hereunder, to any other person or corporation, without the prior consent in writing of the Page 10 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. County, and any attempt to do any of the foregoing without such consent shall be of no effect. b. The Contractor shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the County. Such subcontracts shall be subject to all of the provisions of this Agreement and to such other conditions and provisions as the County may deem necessary, provided, however, that notwithstanding the foregoing, unless otherwise provided in this Agreement, such prior written approval shall not be required for the purchase of articles, supplies, equipment and services which are incidental to, but necessary for, the performance of the work required under this Agreement. No approval by the County of any subcontract shall provide for the incurrence of any obligation by the County in addition to the total agreed upon price. The Contractor shall be responsible for the performance of any subcontractor for the delivery of service. 17. No Intended Third Party Beneficiaries This Agreement is entered into solely for the benefit of County and Contractor. No third party shall be deemed a beneficiary of this Agreement, and no third party shall have the right to make any claim or assert any right under this Agreement. 18. Publications and Publicity a. The Contractor shall not issue or publish any book, article, report or other publication related to the Services provided pursuant to this Agreement without first obtaining written prior approval from the County. Any such printed matter or other publication shall contain the following statement in clear and legible print: "This publication is fully or partially funded by the Suffolk County Executive's Office." b. The Department shall have the right of prior approval of press releases and any other information provided to the media, in any form, concerning the Services provided pursuant to this Agreement. 19. Copyrights and Patents a. Copyrights If the work of the Contractor under this Agreement should result in the production of original books, manuals, films or other materials for which a copyright may be granted, the Contractor may secure copyright protection. However, the County reserves, and the Contractor hereby gives to the County, and to any other municipality or government agency or body designated by the County, a royalty-free, nonexclusive license to produce, reproduce, publish, translate or otherwise use any such materials. Page 11 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. b. Patents If the Contractor under this Agreement makes any discovery or invention in the course of or as a result of work performed under this Agreement, the Contractor may apply for and secure for itself patent protection. However, the County reserves, and the Contractor hereby gives to the County, and to any other municipality or government agency or body designated by the County, a royalty-free, nonexclusive license to produce or otherwise use any item so discovered or patented. 20. Force Majeure Neither party shall be held responsible for any delay or failure in performance hereunder to the extent such delay or failure is caused by fire, flood, explosion, war, strike, embargo, civil or military authority, act of God, act or omission of carriers, power failure or similar causes beyond its control ("force majeure conditions"). If any force majeure condition occurs, the party delayed or unable to perform shall give immediate notice to the other party. End of Text for Exhibit A Page 12 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. Exhibit B Suffolk County Legislative Requirements 1. Contractor'sNendor's Public Disclosure Statement The Contractor represents and warrants that it has filed with the Comptroller of Suffolk County the verified public disclosure statement required by Suffolk County Administrative Code Article V, 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 Contractor 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 Agreement, for which the County shall be entitled, upon a determination that such breach has occurred, to damages, in addition to all other legal remedies, of fifteen percent (15%) of the amount ofthe Agreement. Required Form: Suffolk County Form SCEX 22; entitled "Contractor'sNendor's Public Disclosure Statement." 2. Living Wage Law 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. The Contractor represents and warrants that it has read and shall comply with the requirements of Suffolk County Code Chapter 347, Suffolk County Local Law No. 12-2001, the Living Wage Law. Required Form: Suffolk County Living Wage Form LW-38; entitled "Suffolk County Department of Labor - Living Wage Unit Living Wage CertificationlDeclaration - Subject To Audit 3. Use of County Resources to Interfere with Collective Bargaining Activities Local Law No. 26-2003 The Contractor represents and warrants that it has read and is familiar with the requirements of Chapter 466, Article 1 of the Suffolk County Local Laws, "Use of County Resources to Interfere with Collective Bargaining Activities". County Contractors (as defined) shall comply with all requirements of Local Law No. 26-2003 including the following prohibitions: Page 13 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. a. The Contractor shall not use County funds to assist, promote, or deter union organizing. b. No County funds shall be used to reimburse the Contractor for any costs incurred to assist, promote, or deter union organizing. c. The County of Suffolk shall not use County funds to assist, promote, or deter union organizing. d. No employer shall use County property to hold a meeting with employees or supervisors if the purpose of such meeting is to assist, promote, or deter union organizing. If Contractor services are performed on County property the Contractor must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, nonintimidation agreement and a majority authorization card agreement. If Contractor services are for the provision of human services and such services are not to be performed on County property, the Contractor must adopt, at the least, a neutrality agreement. Under the provisions of Local Law No. 26-2003, 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. Required Form: Suffolk County Labor Law Form DOL-L01; entitled "Suffolk County Department of Labor - Labor Mediation Unit Union Organizing Certification/Declaration - Subject to Audit 4. Gratuities The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State 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 Suffolk County (Chapter 386 of the Suffolk County Code). 5. Prohibition Against Contracting with Corporations that Reincorporate Overseas The Contractor represents that it is in compliance with Suffolk County Administrative Code Article IV, 99A4-13 and A4-14, found in Suffolk County Local Law No. 20-2004, entitled "A Local Law To Amend Local Law No. 5-1993, To Prohibit The County of Suffolk From Contracting With Corporations That Reincorporate Overseas." Such law provides that no contract for consulting services or goods and services shall be awarded by the County to a business previously incorporated within the U.S.A. that has reincorporated outside the U.S.A. Page 14 of 45 Pages . Rev. 10/11/06; Law No. 07-FS-004 . Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. 6. Child Sexual Abuse Reporting Policy The Contractor agrees to comply with Chapter 577, Article IV, of the Suffolk County Code, entitled "Child Sexual Abuse Reporting Policy", 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 7. Non Responsible Bidder The Contractor represents and warrants that it has read and is familiar with the provisions of Suffolk County Code Chapter 143, Article II, 99143-5 through 143-9. Upon signing this Agreement the Contractor certifies that he, she, it, or they have not been convicted of a criminal offense within the last ten (10) years. The term "conviction" shall mean a finding of guilty after a trial or a plea of guilty to an offense covered under the provision of Section 143-5 of the Suffolk County Code under "Nonresponsible Bidder." 8. Use of Funds in Prosecution of Civil Actions Prohibited Pursuant to the Suffolk County Code Section 9590-3, the Contractor represents that it shall not use any of the moneys received under this Agreement, either directly or indirectly, in connection with the prosecution of any civil action against the County of Suffolk or any of its programs, funded by the County, in part or in whole, in any jurisdiction or any judicial or administrative forum. 9. Certification as to Relationships Pursuant to the Suffolk County Code Chapter 143, Article II, and Suffolk County Code 9143- 6(B) specifically, the parties to this 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 consanguinity, life partner, or business, commercial, economic, or financial relationship between the parties, the signatories to this Agreement, and any partners, members, directors, or shareholders of five percent (5%) (or more) of any party to this Agreement. 10. Suffolk County Local Laws Suffolk County Local Laws, Rules and Regulations can be found on the Suffolk County web site at www.co.suffolk<http://www.co.suffolk.nv.us>.Click on "Laws of Suffolk County" under "Suffolk County Links". End of Text for Exhibit B Page 15 of 45 Pages Rev. 10/11/06; Law No. 07 -FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. Exhibit C Notices and Contact Persons 1. Notices Relating to Payments, Reports, or Other Submissions Any communication, notice, claim for payment, report, or other submission necessary or required to be made by the parties regarding this Agreement shall be in writing and shall be given to the County or the Contractor or their designated representative at the following addresses or at such other address that may be specified in writing by the parties and must be delivered as follows: For the Department: By Regular and Certified Mail in Postpaid Envelope or by Nationally Recognized Courier Service Fire Rescue and Emergency Services Yaphank Avenue Yaphank, New York 11980 Att. Thomas O'Hara, Project Manager For the Contractor: By Regular and Certified Mail in Postpaid Envelope or by Nationally Recognized Courier Service At the address set forth on page one of this Agreement, attention of the person who executed this Agreement or such other designee as the parties may agree in writing. 2. Notices Relating to Insurance Any communication, notice or other submission regarding insurance requirements under this Agreement shall be in writing and shall be given to the County or the Contractor or their designated representative at the following addresses or at such other addresses that may be specified in writing by the parties and must be delivered as follows: For the County: By Regular and Certified Mail in Postpaid Envelope or by Nationally Recognized Courier Service Fire Rescue and Emergency Services Yaphank Avenue Yaphank, New York 11980 Att. Joseph F. Williams, Commissioner Page 16 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. and Christine Malafi, County Attorney Suffolk County Department of Law H. Lee Dennison Building 100 Veterans Memorial Highway Hauppauge, New York 11788 For the Contractor: By Regular and Certified Mail in Postpaid Envelope or by Nationally Recognized Courier Service At the address set forth on page one of this Agreement, attention of the person who executed this Agreement or such other designee as the parties may agree in writing. 3. Notices Relating to Indemnification and Termination Any communication or notice regarding indemnification or termination shall be in writing and shall be given to the County or the Contractor or their designated representative at the following addresses or at such other addresses that may be specified in writing by the parties and must be delivered as follows: For the County: By Regular and Certified Mail in Postpaid Envelope Q! by Nationally Recognized Courier Service Fire Rescue and Emergency Services Yaphank Avenue Yaphank, New York 11980 Alt. Joseph F. Williams, Commissioner and Christine Malafi, County Attorney Suffolk County Department of Law H. Lee Dennison Building 100 Veterans Memorial Highway Hauppauge, New York 11788 Page 17 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. For Contractor: By Regular and Certified Mail in Postpaid Envelope or by Nationally Recognized Courier Service At the address set forth on page one of this Agreement, attention of the person who executed this Agreement or such other designee as the parties may agree in writing. 4. Notices sent under paragraphs 1, 2 and 3 above shall be deemed to have been duly given (i) if mailed by registered or certified mail, upon the seventh business day after the mailing thereof; or (ii) if by nationally recognized overnight courier service, upon the first business day subsequent to the transmittal thereof. 5. Each party shall give prompt written notice to the other party of the appointment of successor(s) to the designated contact person(s) or his or her designated successor(s). 6. Notices Relating to Litigation i. Any notice by either party to the other with respect to the commencement of any lawsuit or legal proceeding against the other, shall be effected pursuant to and governed by the New York State Civil Practice Law and Rules or the Federal Rules of Civil Procedure, as applicable. ii. In the event the Contractor receives a notice or claim or becomes a party (plaintiff, petitioner, defendant, respondent, third party complainant, third party defendant) to a lawsuit or any legal proceeding related to this Agreement, the Contractor shall immediately forward to the County Attorney, at the addresses set forth in sub-paragraph b above, copies of all papers filed by or against the Contractor. Notices shall be as provided in paragraph 3 above. End of Text for Exhibit C Page 18 of 45 Pages Rev. 10/11/06; Law No. 07 -FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. Exhibit D Description of Services 1. Overview The County of Suffolk (the "County") will contract with Tetra Tech EM Inc. for the preparation of a Multi Jurisdictional Multi-Hazard Mitigation Plan (the "Plan") that meets the necessary requirements of 44 CFR FEMA Part 201.6. Local Mitigation Plans are developed, as appropriate, following the guidelines as presented in FEMA's State and Local Mitigation Planning how-to guide series (386-1,386-2,386-3,386-4, & 386-7), and is approved by the Federal Emergency Management Agency (FEMA) and the New York State Emergency Management Office (SEMO). As described in the Federal Register (Volume 67, Numbers 38 and 190, dated February 26, 2002 and October 1, 2002 respectively), Section 322 of the Disaster Mitigation Act of 2000 requires that all local governments adopt, by November 1, 2004, an approved Multi-Hazard Mitigation Plan to be eligible to receive future hazard mitigation grant funding. The purpose of the Plan is to demonstrate the "jurisdiction's commitment to reduce risks from natural hazards, serving as a guide for County and Municipal decision-makers as they commit resources to reducing the effects of natural hazards. Local plans will also serve as the basis for the State to provide technical assistance and to prioritize project funding." The County, the six (6) towns, and ten (10) villages within Suffolk County have agreed to participate in the County multi-jurisdictional plan. For the participating Towns the Plan will also include their participating villages. At a minimum, the multi-jurisdiction plan anticipated will include Suffolk County and sixteen towns and villages. Not all of these participating Villages will receive funding from the FEMA Grant. The Suffolk County Mitigation Planning Committee ("MPC"), which contains at least one representative from each participating municipality, was recently formed to oversee the project. The municipalities that will receive funding under the FEMA Grant include: the Town of Babylon, Town of Huntington, Town of Riverhead, Town of Shelter Island, Town of Smithtown, Town of Southold, Incorporated Village of Asharoken, Village of Bellport, Village of Huntington Bay, Incorporated Village of Lake Grove, and Village of Northport. Unique hazards, risks, vulnerable areas, and mitigation strategies will be identified for each entity. Tetra Tech will be required to provide technical guidance and support to the MPC to ensure that activities of the committee are appropriate and consistent with the requirements of 44 CFR Part 201.6-Local Mitigation Plans. The final plan prepared by Tetra Tech must also meet the requirements of 44 CFR Part 60 Criteria for Land Management and Use, Section 1361 (c) of the National Flood Insurance Act of 1968, and be Community Rating System (CRS) approved, maximizing all available CRS accreditation. Page 19 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. 2. Project Management (i) The Suffolk County Office of Emergency Management (OEM) and all participating municipalities on the Mitigation Planning Committee (MPC) will be the administrative agencies for the Plan. OEM shall have primary responsibility for management of and contract administration for the Plan. As this Plan is grant funded, Tetra Tech will provide documentation of time spent developing the Plan and to adhere to a strict budget. To ensure that development of the Plan is consistent with the budget provided, staff from the Suffolk County Office of Emergency Management will meet periodically with the Consultant and with the MPC to monitor the expenditure of funds and progress of work compared with the established schedule of work. 3. Timeframe-Scope of Work a. Project Award: August 2006 b. Submission of Draft Initial Plan to County: April 2007 c. Submission of Draft Initial Plan to SEMO: May 2007 d. Submission of Draft Final Plan to County: August 2007 e. Submission of Draft Final Plan to SEMO/FEMA: September 2007 A detailed schedule, including identification of specific deliverables, will be established during the refinement of the scope of work, and may be adjusted periodically during the course .ofthe project as needed. Tetra Tech notes that adherence to any schedule is the responsibility of both the County, participating jurisdictions and Tetra Tech, and Tetra Tech is committed to the timely execution of this project. 4. Plan Content-Scope of Work a. Tetra Tech. will lead in the preparation of the Plan; however, members of the MPC and the Suffolk County OEM staff will provide input, information, and comments throughout the development of the Plan. It is required that Tetra Tech interview each Plan participant at significant stages throughout the project in order to fully understand each municipality's unique assets and vulnerabilities and capabilities to mitigate the hazard impacts identified. b. The following outline briefly summarizes some of the information to be contained in the individual and county plans, which comprise the multi-jurisdictional, multi-hazard Page 20 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. mitigation plan. For complete requirements refer to Federal Register, Volume 67, No. 38, 44 CFR Parts 201 & 206, focusing on Part 201.6 titled Local Mitigation Plans, as well as 44 CFR Part 60 Criteria for Land Management and Use, and Section 1361 (c) of the National Flood Insurance Act of 1968 Tetra Tech has developed the following technical approach that will meet these multiple program criteria, thus enabling all planning partners to leverage and maximize their grant funding opportunities. The following general tasks shall be undertaken by Tetra Tech, with input and support from Suffolk County and the MPC and stakeholders as indicated, in preparation of the Page 21 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. Plan: . Project Initiation, Organization of Resources, Kick-Off . Public Outreach Strategy . Data Collection · Hazard Identification, Profiling and Risk Assessment · Identification of Mitigation Goals and Objectives · Development of Mitigation Strategies · Development of Plan Implementation, Integration, and Maintenance and Update Programs · Compilation, Production and Distribution of Draft and Final Deliverables . Plan Submission, Review and Adoption 5. Outline-Scope of Work a. Proiect Initiation. Oraanization of Resources. Kick-Off Meetinas Project Initiation Upon award of the project, Tetra Tech and Suffolk County will review and discuss the Scope of Work for the Plan, establishing the specific tasks and responsibilities of Tetra Tech and Suffolk County to successfully develop and complete a DMA-compliant Plan. Once tasks, responsibilities and schedules are mutually agreed upon, a final scope of work and cost shall be documented and a contract shall be executed. Identify and Organize Resources One key element of section 201 of 44CFR is the definition of a "local government." Section 201.2 defines a local government as: "Any county, municipality, city, town, township, public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government; any Indian tribe or authorized tribal organization, or Alaska Native village or organization; and any rural community, unincorporated town or village, or other public entity." Section 201.6(a) states that for disasters declared after November 1,2004, a "local government" must have a mitigation plan approved pursuant to this section in order to receive HMGP project grants. With this in mind, the municipalities that will receive funding under the FEMA Grant include: the Town of Babylon, Town of Huntington, Town of Riverhead, Town of Shelter Island, Town of Smithtown, Town of Southold, Incorporated Village of Asharoken, Village of Bellport, Village of Huntington Bay, Incorporated Village of Lake Grove, and Village of Northport. Page 22 of 45 Pages Rev. 10/11/06; Law No. 07 -FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. All planning partners will be advised of their participation requirements from the start and asked to formally commit to the process. To address those situations where a potential partner chooses to not participate, or drops out during the process, Tetra Tech recommends clearly defined "linkage" procedures be defined and included in the plan that establishes protocol for non-participating local governments to follow to adopt the plan after the fact. To define and solidify the planning partnership, resources such as interested members of the community, interdepartmental representatives, technical experts, other stakeholders within the region, and state or federal representatives will be identified early in this phase and invited to the project kickoff meeting. Suffolk County has established the formal Mitigation Planning Committee (MPC) that will meet periodically during the planning process to review and provide input and oversight on the plan's progress. A contact list of project stakeholders and the MPC will be compiled early on in the planning process to ensure efficient transfer of project information. Tetra Tech will conduct regular progress review meetings with FRES, the MPC and other designated officials involved in the planning effort. In the interest of efficiency, Tetra Tech proposes to combine the progress review meetings with working meetings ("workshops") of the MPC. Working meetings shall be organized to address specific aspects of the planning process (e.g., data collection, risk assessment, identification and development of mitigation strategies, review of draft documents), and may include participation of additional stakeholders and representatives from relevant organizations that are not formally designated Committee members. Tetra Tech, along with the MPC, shall be responsible for scheduling, organizing, and announcing these meetings. One of the first actions of this committee will be to approve a public involvement strategy that will meet the capabilities of the partnership, while meeting the requirements ofthe law. Parameters for this strategy are discussed later in this Technical Approach. Coordination with other agencies (neighboring jurisdictions, resource agencies, businesses, academia, local, regional, state or federal agencies) to determine their probable impact and or support of the mitigation plan will occur under this phase. Also under this phase, a review of existing studies, reports and technical information will be performed to assimilate sources of information into the decision making process. Tetra Tech will document and record the elements of this phase for incorporation into the Plan document. Kick-Off Meetings Tetra Tech will support a kick-off meeting with the County and the MPC. The kick-off meeting will recognize the MPC members responsible for the development of the plan and include all other partners and stakeholders who will provide input to the plan. At the meeting, Tetra Tech will present the mitigation planning processes; confirm work plan details and the project schedule, and overview the data collection process and data needs. At this time, Tetra Tech will provide available tools and resources that we have collected and/or developed to guide the process. Page 23 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. b. Public Outreach StrateclV Section 201.6.b of 44CFR states that "the planning process shall include: an opportunity for the public to comment on the plan during the drafting stage and prior to adoption." It does not stipulate how this public involvement must occur. FEMA guidance documents suggest using multiple media such as the Internet, brochures, fliers, questionnaires, and public meetings. Any or all of these approaches qualify as "public involvement" according to the DMA. This multi-media approach would utilize: · Natural Hazards Mitigation questionnaire tailored to the needs and issues of the planning area. This questionnaire would be disseminated to target audiences determined appropriate by Suffolk County and the MPC. · Utilize web-based sources to solicit input on draft elements of the plan such as the risk assessment, jurisdictional annexes, mitigation catalog, and the draft plan. · Articles that describe the plan, purposes for planning, and identified issues within the planning area will be prepared and disseminated via "press-releases to media outlets within the planning area. Once the draft plan is assembled and approved by the County, Tetra Tech will attend and act as a source of information for "open-house" format public meetings, scheduled to coincide with the MPC meetings, during the SEMO review period. Six such meetings are anticipated, at locations determined by the MPC. These meetings will provide an interactive opportunity for the citizens to see and review key elements of the plan. Tetra Tech will attend these public informational meetings to: · Present an opportunity to communicate the MPC's efforts to a range of stakeholders; · Provide an opportunity for the public to comment on the mitigation plan during development and before final approval; · Provide an opportunity for involvement by neighb'oring communities; local and regional agencies supporting hazard mitigation and development activities; and businesses, academia, and other private and non-profit interests; and · Provide a forum to discuss and review for possible incorporation, existing plans, studies, reports, and technical information. Another aspect of public input will occur during the SEMO review period of the Initial Draft Plan, when the public will have an opportunity to review and comment on the draft plan. Various sources of media (Internet, newspaper, etc.) will be utilized to notify the public of where the Initial Draft Plan may be reviewed, and how the public can provide input. In addition to posting the document on a County HMP webpage, the document will be made available in libraries and town halls throughout the County. Revisions identified by the SEMO review and the public involvement process will be incorporated into the Final Draft Plan. It is understood that the County will be engaging a Public Relations Vendor under a separate contract. That Vendor will arrange, advertise and facilitate the public meetings and will be specifically Page 24 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. tasked with public relations and outreach tasks. T etra Tech will work closely with the Public Relations Vendor to maximize the effectiveness of the outreach effort. c. Data Collection Based on discussions with the MPC during Work Plan finalization, Tetra Tech will recommend a plan of action for data collection, documentation, management and use. Tetra Tech will coordinate with the MPC to establish appropriate communication avenues and meetings for data collection. The MPC will be encouraged to provide input on contacts for various categories of data. Tetra Tech will then contact these individuals to obtain information on data availability. Tetra Tech will obtain the data that appears useful and assess its value to the plan. Tetra Tech will record all ofthe data collection efforts to support documentation of the planning process. One of the outputs that will be provided is a completed data collection matrix which becomes a part of the mitigation plan. Tetra Tech will also describe the data collection, evaluation, and use process in the plan and document why this was the best available data to support the mitigation plan at the current time. To support the mitigation plan, data collection efforts will focus on the following sets of local data divided into four categories: hazard data, inventory data, vulnerability data, and planning data. The best available data will be collected from local, regional, state, and federal sources. Since HAZUS-MH will be used, the preferred method of supplying data sets is in a format compatible with ESRI ArcView Desktop products. If plan participants do not have data available in this format, the second preference is for data in MS Access or MS Excel format. Finally, if neither of the preceding formats is available, Tetra Tech will work with a listing containing necessary attributes either in MS Word or on paper. In this task, the following hazard and planning data will be collected: . Hazard Data - The hazard data can be divided into (1) historical data needed to construct a profile of each priority hazard; and (2) hazard maps including FIRMs or Q3 data, f1oodways, 100 year floodplain, 500 year floodplain, and other hazard areas for each priority hazard. HAZUS-MH contains some of the historical wind data needed for the hazard profile, to be used as a starting point for additional research. Other maps such as land cover or soil surveys will be collected at this point in order to look at such hazards as landslide, liquefaction, etc. At the Kick Off Meeting, Tetra Tech will research available databases and documents to identify relevant hazard events (including disaster and emergency declarations) and losses within the County. All hazard data shall be organized into spreadsheet format according to hazard type, and affected jurisdictions. At the Kick-Off meetings, each jurisdiction shall be provided with spreadsheets identifying hazard events in their jurisdiction along with loss information as available. Each jurisdiction will then be tasked with reviewing this compilation of hazard events and losses and enhancing and adding event and loss information to the best of their ability. . Inventory Data - The inventory data consists of data on critical facilities, building outlines, tax parcels. transportation lifelines, utility lifelines, and census data. Page 25 of 45 Pages Rev.10f11106; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. · Vulnerability Data - These data and information which address issues such as building construction and location provide a basis for estimating risks posed by a particular hazard to a particular asset. . Planning Data - The planning data consist of current land use, future land use (to five years), zoning ordinances, comprehensive plans, emergency operations plan, soil surveys, census data, local flood maps, local GIS data, Department ofTransportation plans, Army Corps of Engineers plans, and Cooperative Extension plans. As this process proceeds, Tetra Tech will identify gaps in existing data and include recommendations to improve data over time. Tetra Tech will work closely with our Coastal Planning and Management staff to identify appropriate data to conduct the DMA 2000 level risk assessment of hazards associated with coastal storms and flooding. After data collection, Tetra Tech will input selected local GIS data sets into HAZUS-MH to update the inventory. HAZUS-MH provides effective data management architecture for these projects because it is easy to manipulate the data and it provides consistency for the risk assessment across the various jurisdictions. Also, because it is GIS-based, it can build on generally available GIS data sets from state and local representatives. Tetra Tech will review and integrate the GIS data into the all-hazard mitigation plan. In addition, Tetra Tech will discuss any GIS capabilities at the local level and strive to ensure that data collected also can be used for other local level efforts and future plan updates after work is completed. Experience has been that data quality, availability, and integration are issues within many communities and Tetra Tech will work closely with the MPC members to select the best available data for the purposes of the mitigation planning needs. Tetra Tech also will include recommendations for any future data collection to support mitigation planning and obtain input from MPC representatives regarding potential mitigation activities related to data improvement for inclusion in the mitigation strategy portion of the plan. Tetra Tech understands that it will be provided with the Suffolk County Real Property information as described in the 'AREIS and Tax Maps Sub-License Agreement' that includes Character of Property information, owner information, and street address, for all parcels in the planning area. Further, this file be formatted for use within HAZUS-MH and supplied back to the plan participants upon completion. Tetra Tech agrees and understands that upon completion of this project they will return all files back to the County and that they have no rights to the information or derivatives. Tetra Tech notes that this will require that the county have available and provide a complete GIS dataset of all parcel polygons within the planning area, attributed such that it may be linked to the file data. This new dataset will be used to update the site specific HAZUS-MH inventory and to provide quality control for the HAZUS-MH general building stock. However, this new dataset will not be directly integrated into the HAZUS-MH general building stock as there is not enough information provided in the real property file. Tetra Tech understands the importance of referencing information used to support mitigation planning and other regional planning efforts. References and resources used must be documented to provide meaning to the plan and allow meaningful updates regarding particular findings. Tetra Tech will Page 26 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 . Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. reference all data used in the plan and will support the MPC in verifying, locating, and reusing, the historical and factual statements, GIS, and other data used in the analysis and plan development for future review and revisions of the plan and for other local planning needs. Tetra Tech will ensure that the MPC is comfortable with the sources and information used and understands the references included. Tetra Tech will cite sources in the text and include the sources in a reference list. This list will include documentation of communication with key contacts that have provided phone or e-mail input to the plan. T etra Tech further recognizes the need to exercise extreme care in protecting confidential or sensitive data and information, including actual map layers and repetitive loss property lists. Tetra Tech is dedicated to working on sensitive and complex issues and it is standard operating procedure for their staff to safeguard such data and information from release to unnecessary parties or the public at large. Tetra Tech is dedicated to safeguard data, including repetitive loss property lists, according to the appropriate guidance documents and will work with the MPC and SEMO to ensure data and security are not compromised during the planning process. Tetra Tech will be responsible to convert all electronic data provided by Plan participants into Microsoft .mdb files and shall create and/or maintain metadata on all datasets. Copies of all .mdb files created shall be supplied back to each appropriate municipality upon their creation. Tetra Tech shall format Suffolk County Real Property file for use in HAZUS and update all FEMA stock data with the more current data provided by Plan participants. These .mdb files, along with associated field mapping files, shall also be provided back to appropriate Plan participants. It may be necessary for Tetra Tech to create digital spatial data for use in HAZUS-MH@ from paper maps or tabular information provided by some municipalities. Further information regarding the availability of digital data may be obtained from each municipality, under the coordination of FRES. Refer also to Appendix I Mapping Standards for specific requirements, all of which must be adhered to. d. Hazard Identification. ProfilinQ and Risk Assessment Page 27 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. PROCESS OUTPUTS SleD 1: Identifv Hazards A: Define Your S1udyRegion 8: Obtain or Create a 8a~e Map o'the Region C: IdenttiV Prevalent Hazard~ in the Region Base Map, list ar Hazards arCaneern SleD 2: Profile Hazard Ewnts A: IdentliV and Collect Existing Hazard Data Table ar Hazard Profile Data, 8: Perform Data Oap AnalysIS ,.--0 Map of Hazard Areas, and C: Obtain Missing Hazard Data (or Define Allernatlve) list of Priorlly Hazards 0: RankYour Hazards and Designate Hazard Areas SleD 3: In\ientorv Assets.. '" Identtff and CollectEJdsting Inv.ntory Data 8: Perform D'ata Oap ""alysis --. Tables and MaPs of C: Obtain Missing In\lentory Data lor Deline Alternative) lnuentory Data 0: Integrate Inventory Datainio a Comprehensive Database SleD 4: Estimate loss P_1a1 Specillc loss A: Define Hazards 10 be Anaiyzed Estimation Outpuls 8: Determine AnalySIS Approach for Each Hazard . Tobles C: DevelopScenanos.!or E~Ch H6zard (If Applicable) . MapS" 0: EsttD]ateLoss Potenttal(or Assets at Rls~ . Text,Summaries D: \talldateLos~ Estimates." Next Ste~ Use HAZUScMH R!l OulDuls '" . COrmi~nic.aJeW!ih StakeholdelS Mulliple: See the last B: EvaluateCC!'llpafllllY9 Rlsks Section of This C: Prepare a Hip:ald Mitlgatton Plan How.to Guide D: sUPPllriEmelgenCYPreparedress, Re~ponse, and Recovery Efforts. . 1 Under this phase Tetra Tech will assist the County in identifying the characteristics and potential consequences of the natural hazards that impact the planning area. A thorough assessment of each hazard, as well as the vulnerability of the planning area to each hazard identified, will be accomplished using tools such as GISI HAZUS, benefit-cost analysis tools, and historicalllocal knowledge of past occurrences. At a minimum, a map delineating each hazard area, a description of each hazard (including potential depths, velocities, magnitudes, frequencies, etc.), and a discussion of past events will be prepared. At their option, each Plan participant may choose to perform additional analyses and create visual aids through the use of HAZUS and a GIS, and provide these to Tetra Tech for inclusion in the Plan. The Suffolk County Hazards-New York (HAZNY) assessment and the New York State Multi- Hazard Mitigation Plan (September 2004)) will be used to initially identify the hazards the planning Page 28 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 . Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. area is subject to. Also under each hazard, a Vulnerability Analysis will be performed that will include: an inventory of the number and type of structures at risk; the impact on life, safety, and health and the need and procedures for warning and evacuation; the identification of critical facilities and the impact of the hazard on those facilities; and a review of the developmenUredevelopment trends projected for the future in each identified hazard area. In addition, the flood hazard risk assessment will include a review of all FEMA identified repetitive loss properties within the planning are as required under the CRS and FMA programs. The primary tool utilized in the development of this risk assessment will be HAZUS-MH. This tool will directly support and accomplish the risk and vulnerability assessment of the, flood, and hurricane (wind) hazards. Tetra Tech will apply HAZUS-MH to support the RA process for specific hazard events because it (1) uses a consistent and defensible methodology, and (2) produces maps and studies that state, local governments, and the private sector can apply to develop quality risk assessments that form the basis for their mitigation plans. Tetra Tech will generate and analyze the output reports of HAZUS-MH based on the hazard scenarios run by the model and in some cases, using historical, anecdotal, and other information to evaluate how hazards may cause losses. Tetra Tech will provide quantitative loss estimates, where feasible; in other cases,-FEMA, SEMO and other available guidance will be used to estimate potential exposure, losses, and impacts in a qualitative manner, clearly specifying sources, assumptions, and methodologies in all cases. Tetra Tech will use illustrative means including histograms, maps, and other diagrams to present and summarize information. These maps and illustrations also can be used to support public meetings and outreach regarding planning efforts. The need for special studies, tools or models to further analyze the risk associated with certain hazards may be recommended under this phase but will not be implemented. These recommendations will be incorporated into the latter stages of the project. Tetra Tech will communicate regularly with the MPC members, other partners, and state and FEMA representatives (as appropriate and directed and approved by the MPC POC) to support the RA process and documentation. Frequent communication and interaction supports the planning process and expedites the local, state, and federal review cycles. Since this plan will be multi-jurisdictional in scope, this phase will assure that each participating planning partner's risk and vulnerability is addressed in the overall risk assessment. This will be accomplished by the use of established templates that will walk each partner through the required steps of risk assessment. Existing data and personal interviews will be utilized to accomplish this phase. e. Identification of Mitiqation Goals and Obiectives After the hazard identification and risk assessment documentation have been reviewed, Tetra Tech will work with the MPC to identify mitigation goals and objectives for the planning area for the reduction of risks and vulnerabilities. These goals and objectives will be comprehensive in Page 29 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. range and will address specific hazards as well as multi-hazard issues when appropriate. f. Development of MitiQation StrateQies T etra Tech will ensure that the mitigation strategy portion of the plan will meet the specification of the DMA 2000 requirements, that "provides the blueprint for reducing the potential losses identified in the risk assessment, based on existing authorities, policies, program and resources and local ability to expand on and improve these existing tools." (Reference: Federal Register, Volume 67, No. 38, February 26,2002 and Federal Register, Volume 67, No. 190, October 1, 2002.) The first step in this task is to understand the mitigation measures in each community and describe existing local and regional planning operations and procedures with respect to these measures. Tetra Tech will collect information about the existing capabilities ofthe MPC area to prevent or avoid disasters. Information will include available comprehensive and neighborhood plans, local land use data, and local floodplain and other development-related ordinances (zoning, subdivision, etc.). Information will also be garnered through a Capability Assessment Questionnaire. This questionnaire will be elaborated on at the project kick-off meeting and Tetra Tech will requestthat appropriate jurisdictions and other MPC partners complete them. The completed questionnaires will be compiled and summarized and will support the Capability Assessment portion of the plan. Tetra Tech will also collect information from the County and municipalities about the available technological, informational, financial, and human resources, equipment for disaster response, and administration and enforcement of regulations and codes. Finally, Tetra Tech will use knowledge of the area to support the capability assessment. Tetra Tech will use all of this information to develop the multi-jurisdictional planning process and public participation strategies and to assess the capabilities including the successes and shortfalls ofthe regions plans, policies, programs, and projects; and to identify existing and untapped resources. A summary of those mitigation activities currently being performed by each jurisdiction will be developed for inclusion in the plan. This type of information also will help guide the identification of appropriate mitigation actions. Tetra Tech will use the results of the Capability Assessment and the RA, to develop potential mitigation alternatives. Using technical expertise, the alternatives will be designed to reduce the risks and destructive consequences of hazards. Tetra Tech will work closely with the MPC to develop alternative mitigation initiatives including Preventative Measures, Property Protection, Emergency Services Measures, Structural Projects, Natural Resource Protection and Public Information Programs. In some cases, the mitigation action recommendations will include means to allow communities to correct deficiencies in local planning documents, increase local capability to plan for and respond to the identified hazards, and reduce and/or avoid long-term vulnerabilities to the identified hazards, with respect to buildings, infrastructure, and critical facilities. Tetra Tech will then work with the MPC to develop a set of priorities for potential mitigation measures. We will use this information to develop a 'scoring' system for potential projects. Some Page 30 of 45 Pages Rev. 10/11/06; Law No. 07 -FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. mitigation project benefits to consider for use in the prioritization of projects are as follows: · life safety · health protection · protection from property damage · economic disruption avoided · environmental damages avoided In addition, recommended FEMA and SEMO screening criteria will be considered with input from the MPC. Tetra Tech will work closely with the MPC to develop thorough activity descriptions that include an identification of risk reduction objectives addressed, cost analysis, a description of possible funding sources and entities responsible for project implementation. Tetra Tech will develop an implementation plan that will include a time line for project completion and a description of participants' roles and responsibilities in implementation of the projects. The plan will show a prioritization of projects based on whether the projects are to be completed in a short, medium or long-range time period. Projects will be incorporated into the mitigation project data sheets or in another format approved by the MPC, SEMO and FEMA during the course of the project. Tetra Tech recommends summary tables to present all of the mitigation options, with expanded descriptions for high priority mitigation actions. Tetra Tech has found that summary tables provide a good means to present a range of information for the mitigation actions such as applicability to the area or specific jurisdictions, priorities, lead agencies, budgets, and other data. Tetra Tech recommends hazard-specific and multi-hazard data tables to support the summary presentation. Tetra Tech will provide a section within the mitigation plan that summarizes local capabilities with regard to specific plans and capability assessments. This section will summarize the mitigation aspects of other local planning documents and will include an assessment of such plans and capabilities in regards to the specific hazards of concern identified by HAZUS-MH. This section will include suggestions and identification of any opportunities for improvement of such plans and local response capabilities. To complete this section, Tetra Tech will review the plans from the local governments and provide analyses in the mitigation plan. Based on past experience, Tetra Tech assumes that such plans would be provided by the MPC and could include: local comprehensive plans; emergency operations plans; zoning ordinances; other local plans; other Homeland Security assessment surveys; and each locality's ISO Building Code Effectiveness review. Mitigation strategies may range from structural design changes, to changes in zoning ordinances, land use regulations, and local policy, to implementing best management practices and will incorporate FEMA suggested mitigation strategies for the various hazards, as well as those developed by Tetra Tech based on its vast structural and architectural engineering experience. The strategies will include input from a number of disciplines such as public health, environmental science, homeland security, emergency management, hazardous and non-hazardous waste management, and water resources. The development of these strategies will involve discussions between Suffolk County and Tetra Tech to ensure the strategies adopted are realistic for the community and that the resources to implement them are available. Page 31 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. The strategies developed will include a prioritized list of mitigation actions to address identified hazards and risks, including those that are relevant to public facilities and infrastructure. Additionally, the Tetra Tech team will identify those persons responsible for implementing recommendations, approximate cost of and potential funding sources for implementing recommendations, cost effectiveness of recommendations, and suggested timeline for implementing recommendations. g. Development of Plan Implementation, Intearation, and Maintenance and Update ProQrams Plan Implementation Working directly with the MPC members, Tetra Tech will develop specific plan implementation procedures to be included in each jurisdiction's annex to the Plan. These procedures will identify those persons responsible for implementing recommendations, approximate cost of and potential funding sources for implementing recommendations, cost effectiveness of recommendations, and suggested timeline for implementing recommendations. Plan Intearation CFR 201.6(c)(4)(ii) requires a formal plan integration process. Hazard mitigation planning is only one part of a County's and jurisdiction's overall planning services, and this Plan must be readily incorporated into other planning initiatives to be of maximum use in protecting life and property. Tetra Tech will work with the MPC and other stakeholders to define a workable process for incorporating the Plan into other planning efforts and mechanisms, such as comprehensive or capital improvement plans, zoning changes, or master plan development when appropriate. Plan Maintenance and Update CFR 201.6(c)(4) requires that a formal Plan maintenance process be established as hazard mitigation planning is a continual process. To stay relevant, a Plan must be updated every five years to identify new mitigation projects, planning criteria, or other relevant issues. As hazards are mitigated or new vulnerabilities defined, new projects will need to be identified to continually reduce hazard exposure. The Plan also needs to be evaluated for effectiveness and modified as warranted. As the MPC will be a likely candidate for Plan maintenance, Tetra Tech shall work along with the MPC to develop an appropriate Plan Maintenance Program that shall define the method and schedule for monitoring, evaluating and updating the Plan. This program shall further identify how the public will continue to have the opportunity to provide input to the Plan, and how the Plan shall be incorporated/implemented within existing and future planning programs and mechanisms. Page 32 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. The jurisidiction-specific Plan maintenance and update procedures shall be included In jurisdictional annexes (Volume II) of the Plan, provided to each Plan participant. h. Compilation. Production and Distribution of Draft and Final Deliverables Once all the necessary data and information are collected, risk analysis is run and mitigation plans are developed, Tetra Tech will compile a Initial Draft Plan for review by the MPC and subsequent submission to SEMO. The Initial Draft Plan will consist of all necessary elements, including: Brief introduction, including context for and description of the need for the Plan. Brief description of the history, physical setting, land use patterns, and development trends of the area to be covered by the Plan (Suffolk County). A list and assessment of the hazards and risks to which each of the participating partners is vulnerable Summary of the Hazard New York Analysis (HAZNY) conducted by SEMO and the participating partners and addition of supplemental information to the HAZNY, as necessary. . Tetra Tech will format Suffolk County's master property data file for use by GIS/HAZUS for the sharing of data to all participating municipalities, including those with fledging GIS systems Summary of current federal, state, and local programs and policies that address the identified risks. Include any existing plans or studies created by Plan participants relevant to the Plan goals shall be incorporated. Statement of the Plan goals and objectives. A prioritized list of recommended strategies, programs, policies, and actions to address identified hazards and risks, including those that are relevant to public facilities and infrastructure as well as general environmental conditions. The list should include a brief description of each recommendation, persons responsible for implementing recommendations, approximate cost of and potential funding sources for implementing recommendations, cost effectiveness of recommendations, and suggested timeline for implementing recommendations. Strategy for evaluating, revising, and implementing the Plan. A description of how this plan will exceed the minimum requirements of the National Flood Insurance Program (NFIP). The minimum NFIP requirements for communities are spelled out Page 33 of 45 Pages Rev. 10/11/06; law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. in 44 CFR Parts 59-General Provisions and 60-Criteria for land Management and Use. Documentation of coordination with public relations vendor and public participation in Plan development. Documentation that the participating partners have met the requirements of the Disaster Mitigation Act of 2000, as described in the Federal Register (Volume 67, Numbers 38 and 190, dated February 26, 2002 and October 1. 2002 respectively). Other descriptions, documentation, and Plan elements as required to meet SEMO and FEMA approval. Documentation of the open public involvement process, and inclusion of public input. Note at least two public meetings will be scheduled within each participating Township providing for the involvement of neighboring communities, interested agencies or private and non-profit organizations. Consultant will need to coordinate their role in these meetings with the public relations vendor. The planning process will be documented and included in the Plan, including how the plan was prepared, who was involved in the process, and how the public was involved. A manual shall be developed and provided to each Plan participant describing the procedures to be followed for future required Plan updates. To aid all Plan participants in their understanding of the current plan and increase their skills in regards to upgrading the future plan, the Consultant shall arrange an introductory HAZUS-MH hands-on training session. This session shall have space for one representative from each participating town and village, as well as one space for each Suffolk County agency involved in Plan preparation. HAZUS-MH Trainina Session Tetra Tech will develop and provide a Basic level HAZUS-MH training course for a representative from each participating jurisdiction, as well as relevant County representatives. This course will be developed and taught by a FEMA-certified HAZUS-MH vendor and trainer. By completing this course, participants will receive Basic HAZUS-MH certifications. Suffolk County will provide a training classroom with sufficient GIS workstations for all participants and the instructor. These workstations shall need to have appropriate versions of ESRI ArcGIS and the Spatial Analyst extension installed and operating properly. The phases of this task are as follows: Phase 1 - Development of Training Materials Tetra Tech will develop a course tailored to the flood and hurricane hazards identified in the Hazard Mitigation Plan. This course will be designed using existing course materials on risk assessment, floods, hurricanes, and HAZUS-MH. Tetra Tech is one of only a few FEMA-certified HAZUS-MH vendors. This vendor status allows Tetra Tech to take FEMA material and customize a class tailored for a particular client. All of Page 34 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. the students in the class will receive certificates. The lead FEMA instructor for Tetra Tech is certified to teach Risk Assessment, ArcGIS for Emergency Managers, Basic HAZUS-MH, Advanced HAZUS-MH Hurricane, and Advanced HAZUS-MH Flood classes. He will develop a four day course by combining units from the classes he teaches. Phase 2 - Course Delivery Tetra Tech assumes no more than 24 students will participate in the class over the period of four days. Suffolk County will provide a classroom and computers for each student. The computers will need to have ArcView and Spatial Analyst installed on each of them. If needed, Tetra Tech will install an evaluation edition on each machine. Tetra Tech will install HAZUS-MH on the machines and provide a copy ofthe software for their use. Tetra Tech will provide each student with a course notebook containing the slide material and course data for the exercises. Tetra Tech will also provide the projector for the presentation. It is noted thatthroughoutthe course of the project, Tetra Tech shall carefully document all aspects of the planning process. This shall inclUde documentation of all people, organizations and agencies involved; all public outreach and awareness efforts; sources of data and information used in the development of the plan, and meetings. This documentation shall be included in separate section of the Plan documents Since this will be a "multi-jurisdictional" plan, the final plan document will be laid out such that the plan will be segregated into two volumes. Volume 1 would contain all information that applies to the whole planning area (county) such as description of the planning process, risk assessment, goals and objectives and plan maintenance strategy. Volume 2 would contain those elements that are "jurisdiction specific". Volume 2 would include a jurisdictional annex for each participating local government within each county. These annexes will meet DMA requirements for each jurisdiction. Volume 2 will also include the "linkage" procedures discussed earlier in this Technical Approach. Per the project schedule Tetra Tech will present the Initial Draft Plan to the MPC to allow sufficient time for review and comment. Members of the MPC will review the rough draft documents and provide comments within a mutually agreed upon timeframe. Once all comments have been addressed and the Initial Draft Plan is deemed acceptable for distribution by Tetra Tech and the MPC, Tetra Tech shall produce and deliver to Suffolk County digital and hard copies of the Initial Draft Plan for submission to SEMO. Prior to submittal to these agencies, Tetra Tech will perform an "inhouse" review of the Draft Plan using the "Local Hazard Mitigation Plan Determination" checklist used by FEMA and SEMO reviewers to determine the mitigation plan's compliance with the DMA requirements. Key-In addition, a CRS plan review crosswalk that has been developed by Tetra Tech will be completed. This "crosswalk" will also illustrate for the CRS technical reviewers the plans compliance with CRS requirements. Page 35 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. Once SEMO has performed its review of the Initial Draft Plan, and provided its formal review document, Tetra Tech shall work along with the MPC to address all comments and submit the Final Draft Plan to SEMO. It is assumed that SEMO will forward the Final Draft Plan to FEMA. Upon receipt of the FEMA review of the Final Draft Plan via SEMO, Tetra Tech shall address all comments and prepare the Final Plan. Once the Final Plan has been amended and deemed acceptable to Tetra Tech and the MPC for distribution, Tetra Tech shall produce and deliver to Suffolk County digital and hard copies of the Final Plan for submission to SEMO and FEMA. At this time Tetra Tech will request that they do both a DMA and FMA compliance review. It is understood that comments to the rough drafts, Draft and Final documents may be made by the MPC or others at any time throughout the process, and Tetra Tech will make every reasonable attempt to address these comments in the plan documents. However, in the interest of schedule and budget, it shall remain the discretion of Tetra Tech to consider and address comments made after mutually agreed upon review/response deadlines. Tetra Tech shall provide copies ofthe Draft Initial and Draft Final Plans in the quantities specified in the Payment Terms and Conditions Section of this Agreement In addition, Tetra Tech shall provide all deliverables in electronic format (MS Word) suitable for reproduction by the County, and in Adobe Acrobat fonmat, broken into major sections to facilitate distribution. Tetra Tech assumes that Suffolk County will distribute these documents as necessary to the MPC members and local jurisdictions, as well as provide access to the documents (i.e., in libraries or posted on the County website) to the general public. i. Plan Submission, Review and Adoption CFR 201.6(c)(5) requires that each jurisdiction covered by a Multi-Jurisdictional Plan formally adopt the Plan. The primary tool Tetra Tech uses to achieve this project requirement is the public involvement process discussed above. By fully involving all stakeholders in development of the Plan, we can ensure their support of the final document. Tetra Tech will support the County and MPC in the presentation of the Plan to the political bodies of the participating jurisdictions. Since the MPC, public, FEMA and SEMO will have had an opportunity to review and comment on the Initial and Final drafts of the Plan it is assumed that any and all deficiencies identified by them will be addressed in the Final Plan. The Final Plan would then be considered approvable, pending adoption. Once the Final Plan has been adopted, it will be forwarded to SEMO and FEMA for final approval. Page 36 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 . Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. Per the RFP, the Public Relations Vendor shall be responsible for the production of the Final Plan documents. j Final Plan. By April 15, 2007, Tetra Tech will present to members of the Planning Group and other invited local officials the final version of the Plan, both verbally and in writing, that includes the requirements listed above and that incorporates the comments suggested by Suffolk County EMO staff and MPC members, in a format suitable for reproduction by the public relations vendor and Graphics Department. The final Plan must also include documentation of public participation in Plan development and documentation that the participating partners have adopted the final Plan. The final printing will be provided by the public relations vendor. 6 Coordination All work by the Consultant is expected to be closely coordinated, reviewed with, and approved by the Commissioner of Suffolk County Department of Fire, Rescue and Emergency Services. In addition, all planning and design must consider the needs of the various towns and villages who participate in this planning process through a formal contractual relationship with Suffolk County. 7. Deliverables A draft report will be prepared for review by the New York State Emergency Management Office (SEMO) by June, 2007 (at least 3 months before the FEMA Draft deadline) a final Plan (at least 2 months before the 24-month deadline in FEMA's approval) will be prepared for acceptance by FEMA. Product deliverables shall become the sole property of the MPC and cannot be shared. All materials supplied shall not be kept in confidence unless in contract differently (not used in profit). Refer also to Appendix I. 8. Conditions of Plan Approval The first draft of the Local Mitigation Plan must be completed by April, 2007. The date for the submission of the Draft Final Plan to SEMO/FEMA is September, 2007. Tetra Tech's work will not be considered complete until the Local Mitigation Plan is finally accepted by FEMA. Page 37 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. APPENDIX I DATA COLLECTION AND MAPPING STANDARDS Early in the project, the consultant must review their proposed data structure, file format, geo- referencing standard and metadata content with the Mitigation Planning Committee. Existing County developed map and digital GIS data products can be made available to the consultant based on County data distribution standards and policy. All data collected by the consultant remains the property of the applicable Plan participants. as the consultant converts and/or re-formats data, copies of these files shall be provided back to the owners immediately. The consultant shall not re-use any data obtained in connection with this contract without the express written permission of the dataset owner(s). Furthermore, the consultant shall be aware that they will be receiving data of a confidential nature, which, if released, whether accidentally or intentionally may constitute a breach of homeland security. The consultant shall take all measures necessary to limit internal access to said data. All tabular data products received from the consultant must be Microsoft .mdb files. Any files the consultant receives from Plan participants in comma delimited or other tabular formats shall be converted to Microsoft .mdb files. Any field mapping files created during data conversion processes shall also be provided. All digital spatial data products received from the consultant must be formatted for use with ESRI ArcView, Version 9.x. The standard geo-referencing format for Suffolk County digital spatial data is New York State Plane Central coordinate grid system, based on the 1983 North American Datum and GRS80 Spheroid. The standard software file format for spatial data is ESRI, ArcView geodatabase. The County's preference is to receive digital data products in the standard geo-referenced file formats. If it is not possible for the consultant to provide the digital spatial data in the standard format, the County may accept the data as ESRI , or ArcView shapefile (.shp). Export files from other GIS software packages may be acceptable, but must be pre-approved by the County. Other CAD drawing formats and non-geo- referenced files will not be accepted. In addition, the consultant is required to submit FGDC compliant metadata for each spatial data set. Throughout the duration of the contract, this metadata shall be created, updated, and validated as necessary. Copies of all digital data provided must also be provided back to each Plan participant in .pdf and paper format. Consultant shall format datasets for use on both county, town, and village levels. End of Text for Exhibit D Page 38 of 45 Pages Rev. 10/11/06; Law No. 07 -FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. Exhibit E Payment Terms 1. General Payment Terms a. Tetra Tech shall prepare and present a claim form supplied by the County and approved for payment by the County ("Suffolk County Payment Voucher"). Payment by the County will be made within thirty (30) days after approval by the Comptroller of the County of Suffolk. b. Tetra TechThe Contractor agrees that it shall be entitled to no more than the fees set forth in this Exhibit E for the completion of all work, labor and services contemplated in this Agreement. c. The charges payable to Contractor under this Agreement are exclusive of federal, state and local taxes, the County being a municipality exempt from payment of such taxes. d. The acceptance by the Contractor of full payment of all billings made on the final approved Suffolk County Payment Voucher under this Agreement shall operate as and shall be a release to the County from all claims and liability to the Contractor, its successors, legal representatives and assigns, for services rendered under this Agreement. 2. 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 Services covered by this Agreement. 3. Specific Payment Terms and Conditions Tetra Tech shall perform the scope of work identified in the RFP (Suffolk County Multi- Jurisdictional Multi-Hazard Mitigation Plan), with acknowledgement of the assumptions and limitations described herein, for a firm, fixed price of $ 312,900.00. This price includes all labor and expenses for the tasks included in the RFP, as performed under the Technical Approach of this proposal and subject to the assumptions and limitations following. Billing for this project shall be on a monthly basis, based on a mutually-agreed upon estimated percent complete of the major tasks of the project. Page 39 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. Specific deliverables associated with each phase of the project shall include, but not be limited to: · Complete Final Contract Documents . Contact List . Questionnaires' . Website' · Press Releases' . Meeting Minutes and Lists of Attendees . Data Collection Matrix . Essential Facility Data Workbooks . Summary of Hazard Events/losses Workbooks (by jurisdiction) . Capability Assessment Questionnaires · Documentation of Planning Process, including minutes of all Planning Group meetings and participants . Draft Initial Plan (with coverletter) . Draft Final Plan (with coverletter) . Final Plan (with coverletter)' . Jurisdictional Annexes (with Plan update procedures) . local Hazard Mitigation Plan Review Checklists . CRS Plan Review Crosswalks , Identifies deliverables that are partially or wholly the responsibility to prepare, produce and/or distribute by others. Included in the above firm, fixed price are the specific Draft Initial Plan and Draft Final Plan deliverables for this project as follows: . Initial Draft Plan: Four (4) color copies (three-ring bound) and digital copy (MS Word and Adobe Acrobat PDF) . Final Draft Plan: Four (4) color copies (three-ring bound) and digital copy (MS Word and Adobe Acrobat PDF) . All GIS data generated with metadata Page 40 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 , Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. The following is a breakdown of labor and other direct costs of this fixed price bid, according to the categories specified in Section V, Item 4 (Schedule of Fees) of the RFP F'~:~~~"-'''' ',', -- --, ,,- ~-, '>, 'C r -', .." j~i'[;I:- ]"'-, f:.P.i';-fu',:-"j:'(w]\iif: r;)(0";C ~ '1""-- ":~Jili ,,,,~,' L ' , -'- . '. <' '''':" i \ to..;' .Ii;,;,~-_""""""",::.l...:.::..i,~_~"""'~~~"",""",J.~1k.~j---"-u...l_"""",,,,~ ................L_~~~h'-- ~" _. Oraanize and Prepare to Plan 440 $42,800 $10,000 Risk Assessment 1750 $130,500 $5,000 Plan Mitiaation Strategy Development 746 $63,000 $5,000 Monitorina, Documentation and Evaluation 132 $9,600 $5,000 Plan Review, Revision, Approval and Adoption Process 442 $28,500 $2,000 Technical Training and/or Support for GIS/HAZUS-MH 114 $8 500 $3 000 1'1"0___,,-_ ... . -~ ~c ~ ~ ~ ,- -. . . ,~- ,- ~-'j "~ ~-, -'=.",....~"~_ _'p_, -r ' r., '- '0' ~l';~f': ~ ~[2(lU ~~-~........~-~.::..........~~.......~............._ ....-~l.::o<...--.... ~ ~_",j The following identifies the personnel titles that will be involved in plan preparation, along with their hourly rates: Personnel Title Project Director I Program Manager Project Manager Senior Risk Assessor Public Policy Expert GIS/HAZUS Expert GIS/HAZUS Technician Sr. Mitigation Support Jr. Mitigation Support Sr. Risk Assessment Support Jr. Risk Assessment Support QA/QC and Technical Editor Coastal Planning I Management Expert I Coastal Planning I Management Expert II Administrative Assistant I Administrative Assistant II Administrative Assistant III Hourlv Rate $125 $122 $ 112 $125 $ 80 $ 65 $ 74 $ 60 $ 60 $ 53 $125 $120 $ 90 $ 104 $ 69 $ 56 Page 41 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. Assumptions and Limitations: This cost proposal is further based on the following assumptions and limitations: This cost proposal is based on the project schedule proposed in Section III, which extends the submission dates of the Draft Initial Plan to FRES, the MPC and SEMO beyond that identified in the RFP. This proposal assumes that the six (6) towns and ten (10) villages identified in the Addendum will be participating in the plan with the intention to formally adopt. Other jurisdictions (towns and villages), tribal governments, special purpose districts and other "local governments" as defined at Section 201.2 of 44CFR will be consulted in the course of this study and may be invited to formally participate and adopt (at the discretion of Suffolk County). However, Tetra Tech's proposal is based on a maximum of twenty- four (24) formal "local government" participants. Tetra Tech shall include in the Plan formal "linkage" procedures by which a local government that did not formally participate in this planning effort may do so at a later time. In the initial phase, Suffolk County and the MPC shall collect and provide to Tetra Tech any data and information generated by the County in previous efforts to identify and prioritize hazards. Such information may include historical data on the identified hazards in Suffolk County, including dates of events, summaries of losses (physical, financial and human), and location of impacts and losses. To the fullest extent possible, Tetra Tech assumes that most of the following data for each identified hazard will be provided by Suffolk County: . Background and Local Conditions; . Historic Frequency and Probability of Occurrence; . Severity; . Historic Losses and Impacts; and . Designated Hazard Areas. The risk assessment shall be based on default inventory and hazard data, enhanced with suitable data provided by Suffolk County. Suitable data shall mean data of sufficient accuracy and attribution to be incorporated into HAZUS-MH analysis or other HAZUS-driven methodologies. In the initial phase, Tetra Tech shall provide Suffolk County and the Plan Participants with a specific list of data needs required for the development of the Plan. Suffolk County and the Plan Participants shall provide as much of this data as possible to Tetra Tech, and shall continue to provide data to Tetra Tech during development of the initial draft plan. Throughout the Data Collection and Risk Assessment process, Suffolk County and the Plan Participants shall be expected to obtain and provide data, as available, in a timely fashion. It is assumed that Suffolk County and the Plan Participants will provide any currently available CAD and Geographic Information Systems (GIS) data. Tetra Tech will perform GIS/HAZUS-MH analyses Page 42 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. necessary for completion of the Plan. Addendum 1, pages 9-11, identify currently available paper and digital data sources that may be required during the planning process, including the risk assessment. Tetra Tech will convert paper maps into suitable digital formats only as needed to meet the requirements of the DMA 2000, FMA and CRS planning programs. Tetra Tech makes no commitment to conversion of all paper map documents identified in the RFP, as some of these datasets may not be critical or necessary to the GIS/HAZUS-MH risk assessment analysis process. If Tetra Tech and the County find themselves at odds as to whether certain local data can reasonably be incorporated into the study (including HAZUS-MH model), and/or the relevance or appropriateness of such data in meeting the purposes and objectives of natural hazard mitigation planning under the DMA 2000, CRS and FMA programs, New York State Emergency Management Office (SEMO) and/or FEMA Region II shall be arbiters and their decision shall be considered final and binding on both Tetra Tech and the County. Tetra Tech shall make every reasonable effort to incorporate available local data into the HAZUS-MH inventory (building stock data, critical/essential facilities data, infrastructure data and high-potential loss facility data), to the extent that it is appropriate in meeting the purposes and objectives of preparing natural hazard mitigation plans under the DMA 2000, CRS and FMA programs. If Tetra Tech and the County find themselves at odds as to whether certain local data can reasonably be incorporated into the study (including HAZUS-MH model), and/or the relevance or appropriateness of such data in meeting the purposes and objectives of natural hazard mitigation planning under the DMA 2000, CRS and FMA programs, New York State Emergency Management Office (SEMO) and/or FEMA Region II shall be arbiters and their decision shall be considered final and binding on both Tetra Tech and the County. Tetra Tech shall update and/or augment the HAZUS-MH Level 1 default essential/critical facility, infrastructure and high-potential loss facility data with available local data, provided it is provided in appropriate formats for "ready incorporation" in the HAZUS-MH geodatabases, and with suitable attribution for processing within the risk assessment modules of HAZUS-MH. "Ready incorporation" for the purposes of the inclusion of local essential/critical facility, infrastructure and high-potential loss facility data shall mean that data that can be incorporated into HAZUS-MH geodatabases via spatial data processing requiring only standard database or spreadsheeUtable methods and manipulations (e.g. spatial or tabular joins and links), and limited digitizing. While Tetra Tech shall make every reasonable effort to verify the validity and accuracy of provided data, Tetra Tech shall not be ultimately responsible for the accuracy of provided local datasets. Tetra Tech will make every reasonable effort to edit local point feature data for any errors or inaccuracies identified by the County, MPC or other planning partners. Tetra Tech shall use the demographic data provided in HAZUS-MH "as is", and notes that the demographics data provided with HAZUS-MH MR2 has been updated to 2005 (estimated/extrapolated from 2000 U.S. Census Data). Tetra Tech shall make every reasonable effort to incorporate available local data to update and/or enhance the HAZUS-MH default building stock data, provided it is in appropriate formats for "ready incorporation" in the HAZUS-MH geodatabases, and with suitable attribution for processing within the risk assessment modules of HAZUS-MH. "Ready incorporation" for the purposes of the inclusion of local Page 43 of 45 Pages Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. building stock data shall mean data that can be incorporated into HAZUS-MH geodatabases via spatial data processing requiring only standard database or spreadsheet/table methods and manipulations (e.g. spatial or tabular joins and links). If local building stock data is not in a format suitable for ready incorporation into the HAZUS-MH building stock geodatabases, it shall be used, to the extent reasonably possible, to interpolate or extrapolate the default HAZUS-MH building stock data used for risk assessment calculations within HAZUS-MH, or used to interpolate or extrapolate the results of risk assessment calculations made within HAZUS-MH using the default building stock data. Tetra Tech notes that the building stock valuation data provided with HAZUS-MH MR2 has been updated to year 2005. Any GIS and other spatial datasets developed by Tetra Tech, either from paper map sources or otherwise, shall be created at accuracy levels suitable for the levels of analysis and presentation required to meet the requirements of DMA 2000, FMA and CRS FMP plans. These accuracy levels shall be the sole discretion of Tetra Tech's risk assessment and HAZUS-MH experts who are fully qualified with the preparation of such mitigation plans. Notwithstanding the above assumptions and limitations, Tetra Tech assumes that it will not be responsible for development of GIS datasets that are not currently available and provided to Tetra Tech free of charge. Tetra Tech's will be responsible only for the use, manipulation, editing, and/or enhancing of existing GIS datasets. Hard copy floodplain mapping will be digitized, as needed, into digital feature datasets suitable for incorporation and analysis using HAZUS-MH. However, Tetra Tech is not committing to converting paper floodplain mapping into FEMA Digital Flood Insurance Rate Mapping System (DFIRMS). Tetra Tech will be provided with the Suffolk County Real Property information that includes Character of Property information, owner information, and street address for all parcels in the planning area. Further, the RFP requires that this file be formatted for use within HAZUS-MH and supplied back to the plan participants upon completion. Tetra Tech notes that this will require that the county have available and provide a complete and proper GIS dataset of all parcel polygons within the planning area, attributed such that it may be linked to the Real Property data (assumed via District, Section, Block, and lot information). Tetra Tech shall not be responsible for correcting errors in these datasets, and shall be used and provided "as is. after formatting for use within HAZUS-MH. This new dataset will be used to update the site specific HAZUS-MH inventory and to provide quality control for the HAZUS-MH general building stock. However, this new dataset will not be directly integrated into the HAZUS-MH general building stock as there is not enough information provided in the real property file. The primary tool utilized in the development of this risk assessment will be HAZUS-MH. The need for additional data, special studies and/or the use of other specialized tools or models to better analyze the risks associated with the selected hazards of concern may be recommended during the risk assessment phase, but will not be implemented. These recommendations may be incorporated as proposed mitigation strategies in the Plan. Tetra Tech assumes that relevant local government plans would be provided by the County and Mitigation Committee and could include: local comprehensive plans; emergency operations plans; zoning ordinances; other local plans; other Homeland Security assessment surveys; and each locality's ISO Page 44 of 45 Pages ,Rev. 10/11/06; Law No. 07-FS-004 Pre-Disaster Mitigation Consulting Services Tetra Tech EM, Inc. Building Code Effectiveness. Each Participant shall provide any relevant information regarding participation in any Flood Mitigation Programs and the information or results of those efforts. Further, Suffolk County shall be responsible for requesting and providing the FEMA Repetitive Loss Property lists for the participating jurisdictions. It is understood that comments to the rough drafts, Draft and Final documents may be made by the Mitigation Committee or others at any time throughout the process, and Tetra Tech will make every reasonable attempt to address these comments in the plan documents. However, in the interest of schedule and budget, it shall remain the discretion of Tetra Tech to consider and address comments made after mutually agreed upon review/response schedules. Tetra Tech assumes that Suffolk County and/or the Public Relations Contractor will be responsible for the distribution of all deliverables to the Mitigation Planning Committee members, as well as provide access to the documents (i.e.: posted on the County website) to the general public. For the HAZUS-MH training course, Suffolk County will provide a training classroom with sufficient GIS workstations for all participants and the instructor. These workstations shall need to have the appropriate versions of ESRI's ArcGIS and Spatial Analyst extension installed and operating properly. Due to the technical issues with the installation of HAZUS-MH, Tetra Tech will install the latest version of HAZUS-MH on the classroom GIS workstations. Other than installing HAZUS-MH, Tetra Tech will not be responsible for providing or installing other software, troubleshooting installations, or other technical issues related to the classroom facilities involved, unless performed under a separate work order and contract. End of Text for Exhibit E Page 45 of 45 Pages Suffolk Count)' Form 22 Contractor'sNendor'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 even"! contractor/vendor is exempt from completing paragraphs numbered I through II 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. 1. 2. 3. 4. S.a S.b 6. 7. 8. 9. 10. Contractor'sNendor's Name Tetra Tech EM Inc. Address 100 EnterDrise Drive. Suite 400 City and State Rockawav. NJ Zip Code 07866 Contracting Department's Name Suffolk Coun!\' Purchasing Office Address 360 YaDhank A venue. YaDhank. NY 11980 Payee Identification or Social Security No. 62-1080-561 Type of Business L Corporation_Partnership _Sole Proprietorship_Other Is contractor/vendor entering into or has contractor/vendor entered into a contract with Suffolk County in excess of$I,OOO?~G'.X-::Nn: Has contractor/vendor entered mto three or more contracts, including the one for which you are now com~ this form, with Suffolk County, any three of which, when combined, exceed $I,OOO? _Ye~. Table of tganization. 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. ) Sam W. Box. CEO; Mark A. Walsh. President; Richard A. Lemmon. SecretaIV; David W. King. Treasurer; Nino Conti. Vice President and CFO 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). Tetra Tech is a Dubliclv held comDanv. Shareholders information is available on Dage 49 of our Selected Consolidation Financial Data. Does contractor/vendor derive 50% or more of its total revenues from its contractual or vendor relationship with Suffolk County? _Yes LNo. 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'slVendor's Public Disclosure Statement with the contract. (Describe general nature of the contract.) Consulting Services Page 1 of3 Public Disclosure Form 11. 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 (15%) of the amount of the contract. 12. 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. 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 peIjury, that he/she has read and understood the foregoing statements and that they are, to his er own ,~e. Dated: ("/(7/ rry. Signed: ~. Printed Name of Signer: N.:V 0 ;4. ~ FJMr,' Title of Signer: c;/#feFI h,.y~c,lY( YtPh~rZ- Name ofContractorNendor: 7E:-~ r~C-f( iF#-( ~. UNIFORM CERTIFICATE OF ACKNOWLEDGMENT (Within New York State) STATE OF NEW YORK) COUNTY OF ) ss.: On the _ day of in the year 2006 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 hislher/their capacity(ies) and that by hislher/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (signature and office of individual taking acknowledgement) Page 2 of 3 Public Disclosure Form UNIFORM CERTIFICATE OF ACKNOWLEDGEMENT (Without New York State) STATE OF ILLINOIS ) )ss.: COUNTY OF COOK ) On the 17 day of October in the year 2006 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 hislher/their capacity(ies) and that by hislher/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 STATE OF ILLINOIS. COUNTY OF COOK (Insert the city or other political subdivision and the state or country or other place the acknowledgement was taken) ~!J: )a~u (sign e and office ofmdlvldual takmg acknowledgement) ~~ OffICIAl ~llO 1l'Il'ip.Cc,..... . CII. 5IOle 01 IftInOIO 00'1 t\(llOlV l'U\:lIiC ~... sep 2b. 2 · IIl'/C~n Contractor'sNendor's Public Disclosure Statement Form (Rev. 3/04) Page 3 of 3 Public Disclosure Form SUFFOLK COUNTY DE' ARTMENT OF LABOR - LIVING WAGE UNIT LIVING WAGE CERTIFICA TIONIDECLARA TION - SUBJECT TO AUDIT either of the foJIol\'ing definitions of "compensation' (Living Wage Law Cbapter 347 - 2) applies to the contnlc1orJsJreciplent's ousine!S or tnnsac:tioD wltb SdTolk COUDty, tbe contractor/recipient must complete Sections I, 3," below; and Form L W-] (Notice of ApplkatloD for Coallty Compensallon). If tbe foUowlne dellnitions do not apply, Ibe contractor/recipIent ma.t eomplrle Sectloa. 2., 3 and 4 belo.... Completed form. must be submitted to the awardine .eeuey. "Any grant, loan, tax incentive cr abatement, bond financing subsidy "" other fonn of compensstion of more that S50,OOO wbich i. realized by 0< provided to an """loyer of at least len (10) employees by "" through Ihe authority or approval of the County of Suffolk," or "Any service conlnlct 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 wbere services are incidental to the delivery of products, equipment or commodities) wbich involve anexpcndituTe equal to or greater than $10,000. For the purposes of this definition, the amount of expenditure f......re titan one conlract for the same service shall be aggregated. A contnll:t for the purchase or lease of goods, products, equipment. supplies or other property is not ~compc:nsation" for the purposes of this definition:' Section I D Check if applicable Secllon II ~ Check if applicable Section III Contractc;r Name: Contr.lctor Address: Conlrtlctor Phone II: The Living Wage Law applies to this contract. lIwe hereby agree to comply with all the provisions of Suffolk County Local Law No. 12-2001, the Suffolk County Livjng Wage Law (the Law) and, as sucb, will provide to all full, part-time or temporary anployed persons who perform work or render services on or for a project. malter, contract or subcontract where this company has received compensslion, from the County of Suffolk as defined in the Law (compensation). wage rate of no less than S9.64 (S8.50 for child care providers) per hour worked with bealth benefits, as described in the Law, or otherwise S10.98 (S9.75 for cbildcare providers) per hour or the rates as may be adjusted annually in accordance with the Law. (Cbapler 347-3 B) Uwe further agree thaI any tenant or leaseholder of this company that employs at least ten (10) persons and occ"Pies property or uses equipment or property that is improved or developed as a result of compensation or any contractor or subcontractor oCthis 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 compensstion shall comply with all tIteprovisions oftlJe Law, including those specified above. (Chapter 347-2) Uwe 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 Chapler of the Suffolk County Code, investigating employee complaints of noncompliance and evaluating the operation and effecls of this Chapter, including tIte 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 i.longer. All payroll and benefit records required by the County will be maintained for inspection for a similar period oCtime. (Chapter 347-7 D) The County Department of Labor shall review tIte records of any Covered Employer at least once every three years to verifY complimce with tbe provisions of the Law. (Chapter 347-4 C) The living Wage Law does not apply to this contract for the following reason(s): Tetra Tech does not intend to use resident N~RR~u/Suffolk personnel on this proiect. Tetra Tech EMI Fcderal Employer 10#: 62-1080-561 100 Enterprise Dr Ste 400 Amount of compensation: Vendor #: Rock~w"y N.T 973-659-9996 07Rfifi Description of project or SCTVIce: rnn ~111 tin..Q SeclioD IV , declare under penalty of perjury under tht." LJ\.\.'s of the Slate of New Yark that the undersjgned is authorized to provide [his certification, and~bo IS ITed. & !9!~ Authorized iplalureC . f Date 7IJ IftS "U{lfI[OAA lOt Name d Title of Authori1.ed L W Jg (revised 7-05, replaces forms L W2. L W3, and LW33) SUFFOLK COUNTY DEPARTMENT OF LABOR -LIVING WAGE UNIT NOTICE OF NON-APPLICABILITY OF LIVING WAGE LAW Living Wage Law, Suffolk County Code, Chapter 347 (2001) To Be Completed By The Living Wage Unit DATE: October 16, 2006 TO: Tom O'Hara Dept. of Fire, Rescue and Emergency Servoces FRo~nda Rosenberg, Director TELEPHONE #: 853-5630 EMPLOYER: Tetra Tech EMI VENDOR #: 62-1080561 REF.: You are hereby notified that the response from Tetra Tech EM! has been evaluated by the Living Wage Unit of the Suffolk County Department of Labor. We find that this employer is not covered by the Suffolk County Living Wage Law (Local Law #12-2001), and that the requirements of this law as currently constituted do not constrain this contractor at this time. Brenda Rosenberg Director of Living Wage Compliance Suffolk County Department of Labor LW-26 Suffolk County, New York Department of Labor SUFFOLK COUNTY DEPARTMENT OF LABOR- LABOR MEDIATION UNIT UNION ORGANIZING CERTIFICA TIONIDECLARA TION - SUBJECT TO AUDIT If the following definition of "County Contractor" (Union Organizing Law Chapter 466-2) applies to the contractor'slbeneficiary's business or transaction with Suffolk County, the contractorlbeneficiary must complete Sections I, III, and IV below. If the following definitions do not apply, tbe contractor/beneficiary must complete Sections 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. Vwe 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 such shall not use County funds to assist, promote, or deter union organizing (Chapter 466-3 A), nor seek reimbursement from the County for costs incurred to assist, promote, or deter union organizing. (Chapter 466-3 B) Check if Applicable Vwe further agree to take all action necessary to ensure that County funds are not used to assist, promote, or deter union organizing. (Chapter 466-3 H) [?] l/we further agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are made, Vwe 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. Vwe 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. (Chapter 466-3 I) I1we further affirm to the following: . I1we will not express to employees any false or misleading information that is intended to influence the determination of employee preferences regarding union representation; . I1we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining representative; . IIwe 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; . I1we understand my/our obligation to limit disruptions caused by prerecognition labor disputes through the adoption of non confrontational procedures for the resolution of pre 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 adopr 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. I1we shall include a list of said procedures in such certification. l/we further agree that every County contract for the provision of services, when such services will be perfonned on County property, shall include a requirement that I/we adopt a reasonable access agreement, a neutrality agreement, fair communication agreement. no intimidation agreement, and a majority authorization card agreement. IIwe further agree that every County contract for the provision of human services, when such services are not to be performed on County property, shall include a requirement that I1we adopt, at the least, a neutrality agreement. IIwe understand that the efficient, timely, and nondisruptive provision of goods and services is a paramount tinancial interest of the County of Suffolk and as such, the County expects the potential County contractor to protect the County's tinancial interest by adopting nonconfrontational procedures for the orderly resolution oflabor disputes, including, but not limited to, neutrality agreements, majority authorization card agreements, binding arbitration agreements. fair communication agreements, non intimidation agreements, and reasonable access agreements. DOL-LOI (6/05) Suffolk County, New York Department of Labor Section II The Union Organizing Law does not apply to this contract for the following reason(s): D Check if Applicable Section III Contractor Name: Tetra Tech EMI Federal Employer 10#: 62-1 01l0-561 Contractor Address: 100 Enterprise Dr. .Ste.400 Amount of Assistance: Rockaway, NJ 07866 Vendor #: Contractor Phone #: 973-659-9996 Description of project or service: Consul tinq 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 l70ve . arrect. ~~ 10/16/2006 Date Donqlris .snlliv~n.Oppr~t-inn.c: M;;In~ger Print Name and Title of Authorized Representative DOL-WI (6/05)