HomeMy WebLinkAboutDowntown Beautification - Municipal Park lot - Sthld
RESOLUTION 2006-966
ADOPTED
DOC ID: 2385
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-966 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 19, 2006:
RESOLVED that the Town Board of the Town of South old hereby authorizes and directs
Suuervisor Scott A. Russell to execute the Grant Aereement between the County of Suffolk
throueh its dulv constituted Deuartment of Economic Develoument & Workforce Housine
and the Town of Southold and Greenuort-Southold Chamber of Commerce in connection
with the reconfiguration of a municipal parking lot in the center of the Southold Business
District, SCTM Nos. 1000-61-4-4 and 1000-61-4-5, subject to the approval of the Town
Attorney.
P~..~'Q_;'L..
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS)
MOVER: William P. Edwards, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell
Date: 10/31/2006
All four Contracts with original signatures
u.s. Treasury Dept letter showing Not For Profit status
including Fed. Tax 10 #
Statement of Other Contracts
Insurance Certificate documentinq coveraqe
All certificates must have Suffolk County as the
Certificate Holder and listed as "additionally
insured" with 30 days written notice of
cancellation.
$2,000,000 liability coverage is required for
contracts over $1,000.
Livinq Waqe Form (LW-38) must have four original
signatures and either Section I or II must be checked. - a
copy of this law as well as exemption request forms can
be accessed at http://www.co.suffolk.nv.us/labor.
If you checked Section I, please complete Living
Wage Form LW-1 and LW-5.
If you checked Section II, you must include the
reason why the Living Wage Law does not apply
to your organization.
Contractor'sNendor's Public Disclosure Statement _
complete all questions - indicate with "N/A" any that do
not apply to you. We must have three original signatures
and each form must be notarized. This also applies to
those exempted as noted in question12
Union Orqanizinq Certification/Declaration - Completed
and signed
Proqram Budqet - Explanation of Costs - Completed
Signed Voucher
(\Documents and Seuings\hkowalchyk SUFFOLKIDesktop\lvlissillg Check Li~t sample doc
Please check either Section J or 11
(i/Section 11- give reason)
Have the Chamber sign the lorm
- .
with their name on it
Please answer #12
Please check either Section 101' II
({{Section 11 - give a reason)
Please make sure the name and
title of signer is on all forms as
appropriate
CERTIFICATION
5 (;;0+-+ n- f( lASS- f ~ I( herby certifies that it is not rendering any
services or performing any function as the contract agency for the Downtown
Revitalization Program other than acting as a conduit for funding to the pertinent
Chamber of Commerce, comparable business organization or civic beautification
organization.
dlDOWNTOWNICERTI FICA TION .doc
STATEMENT OF OTHER CONTRACTS
CONTRACTOR NAME
ADDRESS
CONTACT
Town of Southold
P.O. Box 1179. Southold. NY 11971
Honorable Scott A. Russsell
PHONE NUMBER
PROGRAM AGREEMENT CONTRACT WITH* TERM OF AGREEMENT I AMOUNT
NUMBER
I
!
I ,
j
I
i
I
*
Indicate (a) type of organization - County, State. Federal or Other and (b) name of Department, Agency or Organization.
9125f200612:59:00 PM H:\OMNIBUSiSTATE OTHER CONTRACTS.doc
Dept.
Dept. Address
SUFFOLK COUNTY PAYMENT VOUCHER
Contact:
Payment Voucher # Responsible Agcy
1033742
Modify
#
Document Total ([nelude Cents)
Address
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(3) Number (12) Ln (3)
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Obj
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Sub
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Rept
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Capital
Project #
(8)
Rev (4)
BS Acct(4)
Description (17)
Amount (Include Cents)
VD
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01
02
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Additional Comments
DEPARTMENT CERTIFICATION: I hereby certify that the materials above
specified have been received by me in good conJition without substitution. The
service properly pcrfonned and that the quantities thereof have been verified
with the exceptions of discrepancies noted and payment is approved
PAYEE CERTIFICATION: I certify that the above bill is just, lrue and
correct; that no p . thereof has been paid except as stated; lhat the balance is
actually due and ing; that taxcs from which the County is cxempt arc
excluded and have read and-am familiar with lhe provisions of Local
Law 32-19 detailed in the payee instruction cctia of this voucher.
SIGNED
Form PV
DATE
Original Audit & Control
TITLE
La\\ No.
-------
Rev. 3/2/06
Town of Sonthold (GreenportiSouthold Chamber of Commerce)
Connty Executive Downtown Beautification
.Agl'l't'mclll No. OOI-ICCD-6410-49HO-ll,JRl
IFMS No. SCS ECDOOOOO
Agreement
This Agreement, between the County of Suffolk (County), a municipal corporation of the State of New
York, having its principal office at the County Center, Riverhead, New York 11901, acting through its duly
constituted Departmeut of Economic Development & Workforce Housing (Department), located at H. Lee
Dennison Building, 2nd floor, 100 Vetorans Memorial Highway, Hauppauge, New York (mailing address: Box 6100,
Hauppauge, New York 11788-0(99) and Town of Southold (Contractor), a New York municipal corporation, having
its principal place of business at P.O. Box 1179, Southold, NY 11971.
The Municipality above named has been designated as a recipient of the County Executive's Downtown
Beautification funds and has heretofore expressed its desire to undertake or assist in undertaking Downtown
Beautification activities as set forth in Exhibit(s) B attached hereto. Sufficient funding exists pursuant to Resolutiou
1264-2005 of the Suffolk County Legislature.
Term of Agreement:
Shall be January 1, 2006 through December 31, 2006
Total Cost of Agreement:
Shall not exceed $5] ,000
Terms and Conditions:
Shall be as set forth in Exhibit A, B and Other Exhibits attached hereto and made part
of this Agreement.
In Witness Whereof, the paliies hereto have executed this Agreement as of the latest date written below.
County of Suffolk
By:
Paul Sabatino I1
Chief Deputy County Exeeutive
Date:
Approved as to Legality:
Christine Malafi
Suffolk Connty Attorney
Approved:
By:
Department of Economic Development &
Workforce Housing
Samantha N. McEachin
Assistant County Attorney
By:
Date:
Carolyn E. Fahey
Intergovernmental Relations Coordinator
Date:
TABLE OF CONTENTS
EXHIBIT A - GENERAL TERMS AND CONDITIONS
1.
Purpos e......................................................
....................3
2. Program Administration ............... .......................... .....................................3
(a) Authorization ....................... ............ .................................... ............................................3
(b) Supervision.................................... .................... ........................................... ............................ 3
(c) Environmental Review Process ............... .................................. ............................................ .3
(d) Compliance with Law................................................................................................................... 4
(e) Engineering Certificate ............................................................. .... ....................................... ....... 4
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16
17.
.........................................7
.........................................7
............................. ....7
............................................7
...................................7
................. ...............7
............................................7
.........................................7
.................................. ..8
...........................................8
Real Property................ ........................................................................... ........................... ............. 8
............................................9
................................. .......................................9
3.
4.
5.
Performance............................................... .
Term and Termination of Agreement....
Funding.................................................. .....................................
(a) Budget..............................................................................................
(b) Limitations........................................ ..........................................
(c) Payments of Expenditures ............ ................... ...........
(d) Advance Paymcnts ............ ..................... ...........
(e) Paymcnt Schedulc......................... ......................................
(I) Final Report and Claim .................. ............................................
(g) Agreement Subject to Appropriation of Funds........................
(h) Post-Audit................... .....................................................................
Accounting and Audit Procedures.............................................
County-Municipality Relationship ......
Gratuities .........
Nondiscrimination............ ,,_ ...............".
.......4
..........4
...... 9
(a) Equal Employment Opportunity and Affirmative Action in Employment...................................... 9
(b) Nondiscrimination In Services .................................................... .......................................... ...... 9
Indemnification ............ .......................
Cooperation on Claims.......... ...............................................................................................
....10
.. 10
Insurance Provision .............................
Obligations of Municipality with Respect to Certain Third-Party Relationships.......
........................... ......... 10
....... 12
............. 12
Assignment and Subcontracting ....................
lVIerger Clause .................................................
No Oral Changes ............................................
ED5 (3/05)
RENEWA~\ConlractLevyDTB J-2-06.doc
....................... 13
............................................... 13
Page 1 of 19 pages 3/312006 9:43:00AM G:lbsauerlDOWNTOWN\lEVYDOWNTOWN BEAUTIFICATION &
18.
19.
20.
21.
22.
23.
Severability.......... ....... ......................................
Living Wage Law......................... ... .......
.... 13
13
14
.14
14
......15
Child Sexual Abuse Reporting Policy......
Public Disclosure.......................
Financial Statements and Audit Requirements..................
Certification.............................................................. .
24. Civil Actions............................................................... ................................ 15
25.
26.
Set-affRights.................................. .
............. 15
..16-20
Affirmative Action Requirements.......................................
27. Prohibition against Contracting with Corporations that Reincorporate Overseas............. ..20
28. Force Majeure................................................................................................... 20
29. Use of County Resources to Interfere with Collective Bargaining Activities................... ...20
30. Environmental Preservation.............................................................................. .. 21
31. Hazardous Materials....... ........... .................. ................................. ........... ....... .. 21
32. Furniture & Fixtures ................... .............. ........................................... ..........22-23
33.
34.
35.
36.
Lease or Rental Agreements...............
...23
.... 23
.....23
Loan Approval.......................... ...................................................................... .................
Statements of Other Contracts...
Offset of Arrears or Default.............
......23
37. Work Experience Participation.................................... .......................................................... ........23
38. Promotions and Advertisements. .. . .. .. . .... .. . .. .. . .. . . .. . . . .. ... . ... .. .. . . .. . . .. . .. . .. .. .. .. .. . .... .. .. ...24
39. Publication, Copyrights and Patents.............................................. ............... ..................................24
40. Addresses for Notices, Claims and Reports..................................................... .24-27
EXHIBIT B - PROGRAM PROJECT
OTHER EXHIBITS
I Suffolk County Living Wage Requirements
"Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County
Department of Labor on 5/12/04"; Forms LW-l & LW-38.
II Contractor's/Vendor's Public Disclosure Statement Fonn SCEX 22; rev. 3/30/04 (form
consists of two pages; requires signature & notarization)
III Union Organizing Certification/Declaration - Subject to Audit; rev. 6/05
Form LOI (consists of2 pages)
ED50 (3/06) Page 2 of27
EXHIBIT A
\VHEREAS, in 2005 County Executive Steve Levy unveiled his Downtown Vision by awarding Five
Grants to Help Beautify and Revitalize Key Areas within Suffolk County; and
WHEREAS, the unique character of Suffolk County's many downtown areas help define the quality of
life here in Suffolk County. These grants will help towns and community organizations expand on their el~
forts to upgrade and maintain this local charm; and
WHEREAS, Huntington Station, Bay Shore, North Amityville, Riverhead and ShirleyfMastie each will
receive $50,000 from the Department of Economic Development and Workforce Housing to commence
these projects; and
WHEREAS, the parties desire to establish Downtow11 Beautification Projects to enhance arId improve
those key areas within Suffolk County; and
Now, THEREFORE, in consideration ofthe covenants, promises and consent herein contained, the
parties hereto agree as follows:
1. Purpose
The Municipality, for the consideration herein provided, agrees to complete the Downtown Beautifi-
cation Program Project(s) (the "DBP Project(s)") described in Exhibit(s) B, which arc attachcd to and made a
part of this Agreement. The Municipality's agreement to complete the DBP Project(s) is subject to thc provi-
sions of paragraphs 14 and 15 of this Exhibit A. All references contained in this Agreement to Municipality
shall be deemed to include thc sub-recipient(s) shown on Exhibit(s) B.
2. l'rogram Administration
(a) Authorization
Notwithstanding any other provision of this Agreement, the Municipality must submit evidence, and
the Department must certifY, prior to any corrunitment of funds under this Agreement, that the Project(s) arc
in uceordarlce with applicable regulations. Upon such certification, the Department will give notice authoriz-
ing the Mlmicipality to begin the DBP Project(s).
(b) Supervision
It is agreed that the nature and extent of the DBP Project(s) undertaken purSUallt to this Agreemcnt
shall be subject to general oversight by the County. Thc Mlmicipality agrees to comply fully with rules, rcgu-
lations, criteria, guidelines and expenditure controls heretofore adopted or to bc adopted by the County.
(c) Environmental Review Process
The Municipality shan act as the lead agency with regard to any Project(s) to which the State Envi-
ronmental Quality Review Act ("SEQRA") is applicable, shall maintain all applicable documentation and,
upon request, shall submit copies of any Environmental Assessment Forms, determinations, etc. to the De-
partment.
ED50 (3/06)
Page 3 of 27
(d) Compliance with Law
In rendering Services under this Agreement, the Municipality shall comply, and shall require its offi-
cers and directors, partners, trustees or other members of its governing body and personnel employed to ren-
der services under this Agreement to comply, with all applicable local, State and Federal laws, regulations,
rulings and requirements 0 f law, including without limitation Suffolk County local preference and other ap-
plicable Suffolk County local laws and resolutions of the Suffolk County Legislature.
(c) Engineering Certificate
The Ml1I1icipality shall submit proof to or along with any plans, reports, specifications, permit or
other applications, allalyses or other engineering work required to be submitted to the Department for ap-
provall1l1der this Agreement the Certificate(s) of Authorization, issued pursuant to 9 7210 of the New York
Education Law, of its consultallts, subconsultants, subcontractors, and/or any other entity (including, but not
limited to, Mlmicipality and any of its subsidiaries, divisions, affiliates or an entity under the control of Mu-
nicipality) performing all or part of the engineering services necessary hereunder. Failure to file, submit or
maintain said Certificate(s) shall be grol1l1ds for rejection of allY plans, reports, specifications, permit or other
applications, analyses or other engineering work submitted for approval under the terms of this Agreement.
3. Performance
(a) The Municipality agrees to begin work on its DBP Project(s) within a reasonable time after
the commencement of the ternl of this Agreement and will attempt to complete all DBP Project(s) within
twclve (12) months of the effective date of this Agreement.
(b) If the Municipality's performallce lags substantially behind the Municipality's proposed
schedule of completion, the County may take the following actions either singularly or in combination:
I. Require the Municipality to submit infonnation to the County rcgarding the
reasons for lack of performance and actions being taken to remove the causes
for delay.
11. Require the Municipality to demonstrate to the County that the Ml1I1icipality
has the capacity to carry out DBP Project(s) in a timely manner.
111. Require the Municipality to submit to thc County progress schedules for com-
pleting DBP Project(s).
IV. Require the Municipality to suspend, discontinue or not incur costs for DBP
Projcct( s).
4. Term and Termination of Agreement
(a) Term
This Agreement shall cover the period provided on the first page thereof, unless sooner terminated as
provided below.
(b) Termination by County in the Public Interest
ED50 (3/06) Page 4 of 27
Notwithstanding anything herein to the contrary, in the event that the Commissioner ofthe Depart-
ment (hereinafter, the "Commissioner), or Ius/her designee, determines, in his/her sole discretion, that termi-
nation is in the best interests of the County, the County reserves the right to terminate this Agreement for any
reason at any time. Such tennination shall occur upon thirty (30) days notice of intent to terminate to the
Contractor. Contractor shall have an opportunity for consultation with the Commissioner prior to termina-
tion.
(c) Termination for Cause
i. If the Contractor fails to fulfill in a timely and proper manner its obligations under this
Agreement, or if the Contractor becomes bankrupt or insolvent or falsifies its records or reports, or
misuses its funds from whatever source, the County may terminate this Agreement in whole or with
respect to any identifiable part ofthe progrm11, effective immediately, or, at its option, effective at a
later date specified in the notice of such termination to the Contractor.
ii. A failure to maintain the amount and types of insurance required by this Agreement
may result in immediate tcnnination ofthis Agreement, in the sole discretion of the Commissioner.
No prior notice to cure and of intent to tenninate shall be required.
1II. An emergency or other condition involving possible loss of life, threat to health and
safety, destruction ofpmperty or other condition deemed to be dm1gerous, in the sole discretion ofthe
COImmssioner, may result in immediate termination of this Agreement, in whole or with respect to
any identifiable part of the program, in the sole discretion of the Commissioner. In such event, no
prior notice to cure and of intent to tenninate shall be required.
iv. Failure to comply with federal, State or local laws, rules, regulations, or County poli-
cies or directives, may result in immediate termination of this Agreement, at the sole discretion of the
Commissioner. In such event, no Plior notice to cure and of intent to terminate shall be required.
v. A failure on the part of Contractor to observe any of the other tem1S and conditions of
this Agreement on its part to be observed and performed, which failurc persists after the expiration of
twenty (20) days from the date the Commissioner gives notice to cure and of intent to terminate to the
Contractor shall be deemed a breach of contract; provided, however, that if the matter which is the
subject of the notice is of such a nature that it camlOt reasonably be corrected within twenty (20)
days, then no breach of contract shall have been deemed to have occurred if Contractor, before the
expiration of the twenty-day period, diligently commences and prosecutes the sanle to completion.
Soliciting bids, in good faith, for performmlee of corrective work shall be deemed commencement of
such work within the purview hereof.
vi. The notice to cure and of intent to terminate shall call attention to the existence of the
failure and particularize the claimed failure in reasonable detail. The notice shall also state the in-
tended date of termination.
vii. After a breach of contract has occurred, the Commissioner or his/her designee, in
his/her sole discretion, may terminate the Agreement. The Commissioner shall give written notice of
ED50 (3/06)
Page 5 of 27
such tennination and the Agreement shall expire as fully and completely as if that date were the date
herein originally fixed for the expiration of the term.
VIII. Upon termination pursuant to the foregoing paragraph, Contractor acknowledges and
agrees that it shall not be entitled nor shall it make a elaim for lost profits or loss of ,mticipated earn-
ings because oftermination.
(d) Notice of Termination
i. Notice oftermination must bc in writing, signed by an authorizcd official, and sent to
the other party by certified mail, or by messenger, and rcceipt shall be requested. Notice oftermina-
tion shall be deemed delivered as of the date of its posting by certified mail or at the time it is deliv-
ered to the other party by messenger.
ii. Upon due notice of termination and as may be requested by the Department, the Con-
tractor shall provide the COlmty with any infonnation, records, or reports that are within the purview
of this Agreement, subject to any applicable provisions oflaw or regulations. The Contractor shall
also relinquish title and possession of any furniture, fixtures, equipment, materials or supplies as
specified in this Agreement.
1Il. Upon receipt of a termination notice pursuant to the foregoing paragraph, the Contrac-
tor shall promptly discontinue all services affected unless otherwise directed by the notice of termina-
tion.
(e) Payments upon Termination
i. The County shall be released from any and all responsibilities and obligations arising
from the Prob'Tmn covered by this Agreement, cffective as of the date oftermination, but the County
shall be responsible for payment of all claims for services provided and costs incurred by the Con-
tractor prior to termination of the Agreement, that are pursuant to, and after the Contractor's compli-
ance with, thc terms and conditions of this Agreement.
ii. Upon termination, the Contractor agrees to promptly reimburse to the County, by
check payable to the Suffolk COlmty Treasurer, the balance of any flmds paid to the Contractor by the
COlmty. Upon termination, any fimds paid to the Contractor by the County which were used by the
Contractor in a manner that failed to comply with the tenns and conditions of this Agreement must be
promptly reimbursed. If there is no response or if satisfactory repayments are not made, the County
may recoup such payments from anyanlOunts due or becoming due to the Contractor from the
County under this Agreement or otherwise. The provisions ofthis subparagraph shall survive the ex-
piration or termination of the Agreement.
(1) Termination By Contractor
The Contractor may terminate this Agreement by giving not less than sixty (60) days prior written no-
tice (or thirty (30) days' written notice if substantial breach of contract is involved) to the Department, speci-
fYing the reasons for termination and the effective elate of tel111ination.
EDSO (3/06)
Page 6 01'27
5. Funding
(a) Budget
The Municipality represents and agrees that the Budget(s) included in Exhibit(s) 13, include(s) all
costs of materials, appliances, tools, labor, etc. needed by the Municipality to undertake the DBP Project(s).
(b) Limitations
Said payment to the Municipality shall be for approved Project expenditures, not to exceed the
Budget(s) in Exhibit(s) 13. Payment under this Agreement shall not duplicate payment from any other
source(s) for Mlmicipality costs and services provided pursuant to this Agreement. The maxirmun amount to
be paid by the County as set forth on the cover page ofthis Agreement shall constitute the full obligation of
the COlmty in connection with this Agreement and any matter arising therefrom.
(c) Payments of Expenditnres
The County agrees to pay the Municipality for actual costs incurred pursuant to this Agreement OIl
receipt of claims submitted on a standard Suffolk COlmty Payment Voucher in addition to any other fcmn(s)
required by the Department or the Department of Audit and Control, together with sufficient supporting data
(e.g., copies of cancelled checks, paid receipts, contracts for sale of real property, certified payrolls), in ac-
cordance \,;ith the "Regulations for Accounting Procedures for Contract Agencies" promulgated by thc De-
partment of Audit and Control ofSuflolk County and any amendments thereto during the term of this
Agreement. All claims for payment are to be submitted within thirty (30) days after the close of the month in
which the expenditure was made. Claims are subject to adjustments or audit by authorized persormel of the
COlmty.
(d) Advance Payments
Upon written request of the Mlmicipality, the County may authorize advances of funds in anticipation
of actual expenditures not in excess of one-sixth (1/6th) of the undisbursed balance of the amount for any
Project in the Budget in order to meet subcontractor expenses in a timely marmer. Such requests shall be
submitted by the Municipality, on a form specified by the Department. In the event that advances of funds
are made, no nrrther payments will be made until documentation satisfactory to the County is submitted veri-
fying that the advanced funds were expended in accordance with this Agreement.
(e) Payment Schedule
Payment of all vouchers shall be according to a payment schedule approved by the Department. Any
funds advanced but not expended at the end ofthe tenn of this Agreement shall immediately be due and ow-
ing to the County.
(t) Final Report and Claim
No later than two (2) months after the completion of each Project, unless otherwise directed by the
Department, or upon the expiration or tennination of this Agreement the Municipality shall submit a Jinal
report sunll11aTizing the completed Project(s), together with a final request for payment of all approved ex-
penditures then remaining unpaid or documentation satisfactory to the County verifying that any advanced
funds not previously documented under subparagraph (d) above or repaid pursuant to subparagraph (e) above
were expended in accordance with this Agreement.
(g) Agreement Subject to Appropriation of Funds
This Agreement is subject to the amount of flmds appropriated and any subsequent modifications
thereof by the Suffolk COlmty Legislature, and no liability shall be incurred by the COUllty under this Agree-
EDSO (3/06)
Page 7 of27
ment beyond the runount of funds appropriated by the Legislature for the program covered by this Agree-
ment.
(h) Post-Audit
All payments made under this Agreement are subject to audit by the Suffolk County Comptroller pur-
Sllant to Article V of the Suffolk County Charter. The Municipality furfher agrees that the County Comptrol-
ler and the Department shall have access to and the right to examine, audit, excerpt, copy or transcribe any
pertinent transactions or other records relating to services lmder this Agreement. lfthe Municipality fails to
cooperate with an audit by the Comptroller, the County shall have the right to suspend or partially withhold
payments under this Agreement or lmder any other agreement between the parties lmtil such cooperation is
forthcoming. If such an audit discloses overpayments by the County to the Municipality, within fhirty (30)
days after the issuance of an official audit report by the Comptroller or his duly designated representatives,
the Municipality shall repay the amOlmt of such overpayment by check to the order of the Suffolk COlmty
Treasurer or shall submit a proposed plan of repayment to the Comptroller. If there is no response or if satis-
factory repayments are not made, the County may recoup overpayments from any amounts due or becoming
due to the Municipality from the County under this Agreement or otherwise. The provisions of this subpara-
graph shall survive the expiration or termination of the Agreement.
6. Accounting and Audit Procedures
(a) The MWlicipality agrees to maintain accounts, records, docllments, <md other evidence and
accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of
any nature expended in the performance of the Agreement in aceordrulce with generally accepted accounting
principles and any finlli1cial directives promulgated by the Department.
(b) All records shall be subject at all reasonable times to inspection, review, or audit by personnel
duly authorized by the Department or by the County Comptroller or his duly dcsignated representatives only
to verify that payments were properly made and to verify the nature lli1d extent of costs of applicable services
provided by Mlmicipality. Such access is granted notwithstanding any exemption from disclosure that may
be claimed for those records which are subject to nondisclosure agreements, trade secrets and commercial
information or financial information that is privileged or confidential.
(c) The Municipality agrees to retain all accounts, records and other documents relevant to this
Agreement for seven (7) years after final payment. Federal, State anc!lor County auditors and any persons
duly authorized by the COlmty shall have full access and the right to exrunine any of said materials during
said period.
(d) A copy of any audit report concerning fhe DBP Project(s) shall be forwarded to the Suffolk
County Comptroller for his review. Any such report shall be accompanied by a detailed written response to
audit findings and recommendations by the Municipality outlining the pllli1 of corrective action and timetable
it intends to follow to correct audit deficiencies and to implement audit reconunendations.
7. Real Property
(a) Real property acquired or improved in whole or in part using DBP funds that is within the
control of the Municipality shall require the following actions:
1. The timely notification of the County by the Municipality of any modifica-
tion or change in the use of the real property from fhat planned at the time of
acquisition or improvement including disposition;
ED50 (3/06)
Page 8 01'27
11. Reimbursement of the COllllty in ,m amount equal to the current fair market
value (less any portion thereof attributable to expenditures of non-DBP
funds) of property acquired or improved with DBP fllnds that is sold or trans-
fened for a use whieh does not qualify under the DBP regulations; and,
111. RehlTl1 of program income to the County generated from the disposition or
transfer of property prior to or subsequent to the closeout, change of status or
termination of this Agreement between the County and the Municipality.
(b) The provisions of this paragraph shall survive the expiration or termination of this Agreement.
8. County-Municipality Relationship
It is expressly agreed that the Municipality's status hereunder is that of an independent Contractor.
Neither the Municipality nor any person hired by the Municipality or any subrecipient or subcontractor shall
be considered employees of the County tor any purpose whatsoever.
9. Gratuities
The Mlmicipality represents and wanants 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 favorable treatment with respect to the awarding or amending of an agreement or the making of
any detenninations with respect to the perfonnanee 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).
10. Nondiscrimination
(a) Equal Employment Opportunity and Affirmative Action in Employment
In accordance with Article 15 ofthe Executive Law (also known as the Human Rights Law) and all
other County, State and Federal constitutional, statutory and administrative nondiscrimination provisions, the
Municipality shall not discriminate against any employee or applicant for employment because of race, creed,
color, sex, sexual orientation, national origin, age, disability, military status or marital status.
(b) Nondiscrimination In Services
i. Furthermore, the Municipality, in providing services under this Agreement, shaIl
not, on the grounds of race, creed, color, national origin, sex, sexual Olientation, age, disability,
military status or marital status:
A. Deny an individual any services or other benefits provided under the
progranl:
B. Provide any services or other benefits to an individual which are dif-
ferent, or are provided in a different marmer, from those provided to
others under the program;
C. Subject an individual to segregation or separate treatment in any mat-
ter related to his/her receipt of any services or other benefits provided
under the program;
ED50 (3/06)
Page 9 01'27
D. Restrict an individual in any way in the enjoyment of any advantage
or privilege enjoyed by others receiving mlY services or other benetlts
provided under the program;
E. Treat an individual differently from others in determining whether or
not the individual satisfies any eligibility or other requirements or
conditions whieh individuals must meet in order to receive any aiel,
care, services, or other benefits provided under the program.
ii. The Contractor shall not utilize criteria or methods of administration which have
the effect of subjecting individuals to discrimination because oftheir race, creed, national origin,
sex, sexual preference, age, disability, military status, or marital status or havc the effect of de-
feating or substantially impairing accomplishment of the objectives of the program in respect to
individuals of a particular race, creed, national origin, sex, sexual orientation, age, disability mili-
tary status, marital status in determining:
A. The types of services or other benefits to be provided under the
program, or
B. The class of individuals to whom, or the situations in which, such
services or other benefits will be provided under the program, or
C. The class of individuals to be afforded an opportunity to pmiicipate
in the program.
Ill. The Municipality shall incorporate the foregoing requirements of this paragraph in
all of its contracts for program work and will require all of its Contractors for such work to incor-
porate such requirements in all subcontracts for program work.
11. Cooperation on Claims
The Municipality agrees to render diligently to the County any and all cooperation, without additional
compensation, that may be required to defend the Cocmly against any claims, demand, or action that may be
brought against the County in connection with this Agreement.
12. Indemnification
The Contractor agrees that it shall protect, indemnity and hold harmless the County and its oftlcers,
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 conncction with the
services described or referred to in tllis 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.
13. Insurance Provision
(a) The Contractor agrees to procure, pay the entire premium for and maintain throughout the
term of this Agreement insurance in amounts and types specified by the County. The Contractor
agrees to require that all if its contractors, in connection with work perfonned for the Contractor re-
ED50 (3/06) Page 10 of27
lated 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 insurancc
will be as follows:
(i) Commercial General Liability insurance, including contractual liability cov-
erage, in an amount not less than Two Million Dollars ($2,000,000.00) per OCClUTcnce
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 Thou-
sand Dollars ($500,000.00) per person, per accident, for bodily injury and not less than
One Hundrcd Thousand ($100,000.00) for property damage per occurrence; and
(iii) Worker's Compensation and Employer's Liability insurance in compliance
with all applicable New York State Jaws and regulations and Disability Benefits in-
surance, if required by law. Contractor shall furnish to the County, prior to its execu-
tion of this Agreement, the documcntation rcquired by the State of New York Work-
ers' Compensation Board of coverage or exemption from coverage pursuant to 9957
and 220 of the Workers' Compensation Law. In accordance with General Municipal
Law 9 I 08, this Agreement shall be void and of no effect unless the Contractor shall
provide and maintain coverage during the tcrm of this Agreement for the benefit of
such employees as are required to be covered by the provisions of the Workers' Com-
pensation Law.
(iv) Professional LiabilitylErrors and Omissions 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
AM. Best rating of A- or better.
( c) The Contractor shall furnish to the COlmty Declaration Pages for each such policy of
insurance and upon request, a tme and certified original copy of each such policy, evidencing com-
pliance with the aforesaid insurance requirements. In the case of commercial general liability insur-
ance, 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, non-
renewal or material change in said policies. Such Declaration Pages, certificates, policies and other
evidence of insurance and notices shall be mailed to the Department at its address set forth in the
paragraph entitled "Notices and Contact Persons" or at such other address of which the County shall
have given the Contractor notice in writing.
ED50 (3/06)
Page 11 of27
(e) In the event the 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 to the Contractor un-
der this Agreement or any other agreement between the County and the Contractor.
(I) If the Contractor is a town or other mWllcipal corporation and has a self-insurance
program under which it acts as a self-insurer for any of such required coverage, it may provide self.-
funded coverage and certificates or other evidence of such self-insurance in lieu of insurance issued
by insurance companies.
(g) Any agreement between the Municipality and a third-party subrecipient shall include
the above insurance requirements in a written agreement.
14. Obligations of Municipality with Respect to Certain Third-Party Relationships
(a) The Municipality shall remain fully obligated under the provisions of this Agreement, not-
withstanding its designation of any third party or parties for the undertaking of all or any part of the program
for which assistance is being provided lmder this Agreement to the Municipality.
(b) Any agreement between the Mlmieipality and a third-party subrecipient shall be in compli-
ance with all applicable loeallaws, rules and regulations and shall include the following provisions in a \\Tit-
ten agreement:
1. A description of each task to be undertaken by the subrecipient, a schedule
for completing each task and a budget for each task, as set forth in the appli-
cable Exhibit B to this Agreement.
II. Specification of records, reports and data to be maintained or submitted.
111. Compliance with all applicable State and local laws, precluding, but not lim-
ited to, environmental laws.
IV. Indication that the agreement may be terminated for default, inability, or
failure to perform.
v. Requirement that any County funds on hand or accounts receivable at the
time oftennination shall be returned to the County.
VI. Suffolk County Living Wage Requirements.
VII. Provision that the agreement is subject to and incorporates by reference, all
of the provisions of this Agreement.
15. Assignment and Subcontracting
(a) The Municipality shall not assign, transfer, convey, sublet, or otherwise dispose of this
Agreement, or any of its right, title or interest therein, or its power to execute this Agreement, or assign all or
any portion of the monies that may be due or become due thereunder, to any other person or corporation,
without the prior consent in writing ofthc County, and any attempt to do any of the foregoing without such
consent shall be of no effect.
ED50 (3/06)
Page 120f27
(b) The Municipality shall not enter into subcontracts Cor any of the work contemplated under this
Agreement without obtaining prior written approval ofthe Departmcnt. Such subcontracts shall be subject to
and incorporate by reference all of the provisions 01' this Agreement ami such other conditions and provisions
as the Department may dcem necessary; provided, however, that notwithstanding the foregoing, such prior
written approval shall not be required for the subcontracts shown on Exhibit(s) B attached hereto. The Mu-
nicipality shall be responsible to the County Cor the perfonmmce of all obligations lmder this Agreement. No
approval by the Department of any subcontract shall provide for the incurrence of any obligation by the
County in addition to the agreed npon amount in the Budget.
16. Merger Clause
It is understood that this Agreement represents the entire agreement of the parties hereto; that all pre-
vious lmderstandings are merged herein; and that no modifications hereof shall be valid unless written evi-
dence thereof shall be executed by the party to be charged.
17. No Oral Changes
No modification of this Agreement shall be valid unless written in the form of an Addendum or
Amendment signed by both parties.
18. Severability
It is expressly agreed that if any term or provision of this Agrecment, or the application thereof to any
person or circumstance, shall be held invalid or unenforceable to any extent, the remainder ofthis Agree-
ment, 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 tenn and provision of this
Agreement shall be valid and shall be enforced to the fullest extent permitted by law.
19. 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) lmder service contracts and recipients of County
financial assistance, (as defined) shall provide paymcnt of a minimum wage to employees as set forth in the
Living Wage Law. Such ratc 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 Connty shall have
the authority, lmder 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 is familiar with the requirements or
Section 6 of Chapter 347 of the Suffolk County Local Law No. 12-2001, the Living Wage Law. Suffolk
County Local Laws, Rules and Regulations can be found on the Suf10lk County web site at
wwweo.suffolk.nv.us Click on "Laws of SufColk County" under "Suffolk County Links".
ED50 (3/06)
Page 13 of 27
20. Child Sexual Abuse Reportiug Policy
The Contractor has read ,md 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 tenu ofthis Agreement with regard to
child sexual abuse reporting policy. Suffolk County Local Laws, Rules and Regulations can be found on the
Suffolk County web site at www.eo.sutIolk.nv.us Cliek on "Laws of Suffolk County" under "Suffolk
County Links".
21. Public Disclosure
The Consultant represents and warrants that Consultant has filed with the Comptroller of Suffolk
County the verified public disclosure statement required by Suffolk County Administrative Code Section
A5-7 and shall file an update of such statement with the said Comptroller on or before the 31 st day of Janu-
ary in each year of this Agreement's duration. The Consultant acknowledges that such filing is a material,
contractual and statutory duty and that the failure to tile 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.
22. Financial Statements and Audit Requirements
(a) Notwithstanding any other reporting or certification reqllirements of Federal, State or local
authorities, the Contractor shall obtain the services of an independent licensed public accountant or certified
public aCColmtant (the "Auditor") to audit its tinancial statements for each Contractor fiscal year in which the
Contractor has received, or will receive, $300,000 or more from the County, whether under this Agreement
or otherwise, and shall submit a report on the overall financial condition and operations of the Contractor,
including a balance sheet and statement of income and expenses, attested by the Auditor as fairly and accu-
rately reflecting the accOlUlting records of the Contractor in accordance with generally accepted accounting
principlcs. The Contractor is encouraged to solicit requests for proposals (RFPs) from a number of qualified
accounting fIrms and to review carefully the costs of, and qualitications for, this type of work before select-
ing the Auditor.
(b) The Auditor should be required to meet the following minimum requirements:
1. a current license issued by the New York State Education Department;
ii. sufficient auditing experience in the nonprofit, govemmcntal or profit-making
areas, as applicable; and
111. a satisfactory peer review issued within not more than threc years prior to the
datc whcn thc Auditor was selected to conduct the audit.
(c) The audit must be conducted in accordance with generally accepted governmental auditing
standards (GAGAS). Financial statcments must clearly differentiate between County-funded programs and
other programs that the Contractor may be operating. The use of subsidiary schedules should be encouraged
for this purpose. The Auditor must also prepare a management letter based on the audit.
(d) Furthermore, if the Contractor is a non-profit organization or lUlit of local government and
expends $500,000 or more of Fcderal monies, whether as a recipient expending awards received directly
from Federal awarding agencies, or as a subreeipient expending Federal awards received from a pass-through
ED50 (3/06)
Page 14 of27
entity, such as New York State or Suffolk COlmty, during any fiscal period within which it receives funding
under this Agreement ("fiscal year"), the audit must be conducted, and the audit report ("Single Audit Re-
port") must be, in accordance with OMB Circular No. A-133 (revised .June 27, 2003). Single Andit Reports
must also be submitted to the designated clearinghouse, cognizant agency and/or pass-through entity, to the
extent required by the OMB Circular just referred to.
(e) The Contractor must submit a statement in wTiting, certilied by its chief financial officer,
which states the amount of Federal funding expended by the Contractor during such fiscal year. Thc Contrac-
tor must mail or deliver the certified statement to the Department and to Executive Director of Auditing Ser-
vices, Suffolk County Department of Audit and Control, H. Lee Dennison Building, 100 Veterans Memorial
Highway, P. O. Box 6100, Hauppauge, New York 11788-0099, as soon as possible ailer the end ofthe Con-
tractor's fiscal year. The statement should include ALL Federal funding reccived directly from thc Federal
government and ALL Federal hmds passed tln'ough from the County and other pass-through entities.
(f) Copies of all financial statements, management letters, Singlc Audit Reports (if applicable)
and other audit reports, if required, must be transmitted to the Department and to the Executive Director of
Auditing Services at the address just set forth. The reports must be submitted within thirty (30) days after
completion of the audit, but in no event later than nine (9) months after the cnd orthe Contractor's fiscal pe-
riod to which the audit relates.
(g) These requirements do not preclude the Department or the Suffolk County Comptroller or
their authorized representatives or Federal or State auditors from auditing the records of the Contractor.
Therefore, the records of the Contractor must be made available to authorized representatives of Federal,
State or County government for that purpose.
The provisions ofthe foregoing subparagraphs (a) through (g) ofthis paragraph shall survive the expiration
or termination of this Agreement.
23. Certification
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 con-
sanguinity, life partner or business, commercial, economic, or financial rclationship 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.
24. Civil Actions
The Contractor represents that it shall not use any of the moneys received under this Agreement, ei-
ther directly or indirectly, in connection with the prosecution of any civil action against the County of Suf-
folk or any of its programs, funded by the County, in part or in whole, in any jurisdiction or any judicial or
administrative forum.
25. Set-Off Rights
'Ilie 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 COlmty'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
EDSO (3/06) Page IS of 27
commencing prior to the term of this contract, plus any amounts due and owing to the County for any other
reason including, without limitation, tme 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 represcntatives.
or the County Comptroller, and only after legal consultation with the County Attorney.
26. Affirmative Action Requirements
The Municipality shall comply with the following requirements of the Suffolk County AfJirmativc Ac-
tion Plan:
(a) Required Provisions
1) The Contractor will not discriminate against employees or applicants for employ-
ment because of race, creed, color, national origin, sex, sexual orientation, age, disability, military
status or marital status, and will undertake or continue existing programs of affinnative action to
ensure that women and minority group members are afforded equal employment opportunities
without discriminatiou. Af1irmative action shall mean recruitment, employmcnt,job assignment,
promotion, upgradings, demotion, transfer, layoff, or termination and rates of payor other forms
of compensation.
2) The Contractor shall require each employment agency, labor liluon, or authorized
representative of workers with whieh it has a collective bargaining or other agreement or under-
standing, to furnish a written statement that such employment agency, labor union or representa-
tive will not discriminate on the basis of race, creed, color, national origin, sex, sexual orientation,
age, disability, military status or marital status and that such union or representative will ailirma-
tively cooperate in the implementation of the Contractor's obligations herein.
3) The Contractor shall state, in all solicitations or advertisements for employees,
that, in the performance of the Suffolk County contract, all qualified applicants will be afforded
equal employment opportunities without discrimination because of race, creed, color, national
origin, sex, sexual orientation, age, disability, military status or marital status.
4) The Contractor shall include the provisions of sections "1", "2" [md "3" in every
subcontract, in such a marmer that the provisions will be binding upon each subcontractor for all
work in connection with the Suffolk Cmmty contract.
5) The Contractor shall use all good faith efforts to implement the Suffolk County
Women and Minority owned business enterprise program and to solicit active participation by en-
terprises identified in the "Suffolk County WomenlMinority Business Enterprise Directory"
("County WI1vIBE Directory") as certified women and minority-owned business enterprises.
6) All Suffolk COlmty contracts and all documents soliciting requests for proposals or
bids for Suffolk County contracts shall contain or make reference to the following definitions:
i.
Women-owned business enterprise: A business enterprise, including a sole pro-
ED50 (3/06)
Page 16 of27
ED50 (3/06)
prietorship, partnership or corporation that is:
a. At least fifty-one percent owned by one or more citizens or permanent resi-
dent aliens who are women;
b. An enterprise in which the ownership interest of such women is real, sub-
stantial and continuing;
e. An enterprise in which such women o\\~lership has and excreises the au-
thority to control and operate, indcpendently, the day-to-day business decisions of
the enterprise; and
d. An enterprise authorized to do business in New York State and which is
independently owned and operated.
ii. Minority-owned business enterprise: A business-enterprise, including a sole
proprietorship, palinership or corporation that is:
a. At least fifty-one per cent oVll1ed by one or more minority group members;
b. An entcrprise in which such minority ownership is real, substaJ1tial and
continuing;
c. An cnterprise in which such minority ownership has and exercises the au-
thority to control and opcrate, independently, the day-to-day business decisions of
the cnterprise; and
d. An enterprise authorized to do business in New York State and is inde-
pendently owned and operated.
1Il. Minority group member: A United States citizen or permanent resident alien
who is aJ1d can demonstrate membership in one of the following groups:
a. Black persons having origins in any of thc Black Africall racial groups;
b. Hispanic persons ofMcxican, Puerto Rican, DominicaJ1, CubaJ1, Central or
South AmericaJ1 descent of either Indian or Hispanic origin, regardless of race;
c. Native American persons having origins in any of the original peoples of
North America;
d. Asian and Pacific Islander persons having origins in allY of the Far East
countries, South East Asia, the Indian subcontinent or the Pacific Islands.
iv. Utilization Plan: A plan prepared by a Contractor and submitted in COl111ec-
tion with a proposed Suffolk County contract and shall indicate what measures and proce-
dures the Contractor intends to take to utilize women/minority business enterprises for the
Pagcl70f27
project which is the subject of the bid proposal.
v. Contractor: An individual, a busincss enterprise including a sole proprietorship,
a patinership, a cUllJoration, a not-for-profit corporation, or any other party to a County
contract, or a bidder in conjunction with the award of a County contract or a proposed
party to a County contract lc)r the purchase of services or goods;
vi. Contract: A written agreement or purchase order instrument, or amendment
thereto, whereby a County agency is committed to expend or does expend flmds in return
for labor, services, supplies, equipment, materials or any combination ofthc foregoing, to
be performed for, or rendered or fUl11ishcd to the County agency, or a written agreement
whereby a County agency is cUlllinilted to expend or does expcnd funds for the acquisi-
tion, construction, dcmolition, replacement, major repair or renovation of real property
and improvements thereon;
vii. Subcontract: An agrecmcnt providing for the construction, demolition, replace-
ment, major repair, renovation, planning or design of real property and improvements
thereon or services between a Contractor and any individual or business enterprise, includ-
ing a sole proprietorship, partnership, cOllJoration, or not-for-profit corporation, in which a
portion of a Contractor's obligation under a County contract is undertaken or assumed, but
shall not include any construction, demolition, replacement, major repair, renovation,
planning or design or real property or improvements thereon or services for the beneficial
use of the Contractor.
7) The Contractor shall be required to acknowledge that after bid opening and prior to con-
tract award, such Contractor will be required to submit a "Detailed Utilization Plan" ("Utilization
Plan").
8) The Contractor's Utilization Plan shall include, but not be limited to:
i. identification ofthe certified women or minority owned business enterprises that
have committed to perf(lrm work in connection with the proposed Suffolk County contract
as well as any such enterprises which the Contractor intends to use in connection with the
Contractor's perform~Ulce ofthe proposed Suffolk County contract;
ii. whether the Contractor has advertised in general circulation media, trade associa-
tion publicatious, and women- focus and minority-focus media and if so, the names of such
media and publications and the dates of the advertisements;
lll. whether certified women/minority businesses which have been solicited by the
Contractor have responded in a timely fashion to the Contractor's requests for proposal or
solicitations for timely competitive bid quotations;
iv. whether tl)(~re has been written notification to appropriate certified
women/minority businesses that appear in the County W/MBE Directory or State Direc-
tory if applicable;
ED50 (3/06)
Page 18 of27
v. a description of the contract scope of work which, the Contractor intends to struc-
ture to increase the participation by certiJied women and minority-owned business enter-
prises on the Sut10lk COllilty contract;
vi. the estimated or, if known, actual dollar amounts to he paid to certilied women and
minority-owned enterprises and the performance dates of each component of the Suffolk
County contract which the Contractor intends to be performed by a ccrtiJied W IMBE; and
vii. doclmlentation of the Contractor's actual utilization ofwomcn/minority business
enterprises during tile previous year.
9) If selected as the lowest responsible bidder, the Contractor shall submit periodic reports
relating to the operation ,md implementation of the submitted utilization plml, including a final
report at the end of the contract term. A Contractor compliance report shall include, but not be
limited to:
i. the name, address and telephone number of each certified women and minority
owned business enterprise the Contractor is using or intends to use to comply with the
utilization plml;
ii. a brief description of the contract seope of work to be performed for the Contractor
by each certified women andminority-mmed business enterprise mld the scheduled datcs
for performrn1ce;
Ill. a statement of whether the Contractor or has a writtcn agreement with each certi-
fied women and minority-owned business enterprise and, if requested. copies of such
agrccrnents;
iv. the actual total cost ofthe contract scope of work to bc performed by eaeh certified
women and minority-owned business enterprise for the contract; and
v. doewnentation ofthe actual amounts of any payments made by the Contractor to
each certified women and minority-owned business enterprise as of the submission date of
the compliance report.
10) In the event of the Contractor's noncomplimlce with the nOll-discrimination clauses and
W/MBE requircmcnts of any County contract sllch contract may be cancelled, tenninated or SllS-
pended in whole or in part.
(b) Informal Administrative Review
1) Failure to comply with the terms of this W/MBE program shall be a factor in de-
termining whether a Contractor is the lowest responsible bidder. Upon request, a Contractor who
is not awarded a contract may be notified of the grOlmds for the non-award of the contract.
EDSO (3/06)
Page 19 of27
2) Failure to comply with the nondiscrimination clauses and W/MBE requirements of
any County contract shall be a factor in determining whether a Contractor is in deJlllllt of such
contract. Upon request, a Contractor who is declared in dcfault of a contract may bc notificd of
the grounds for notice of dcfault on such contract.
27. Prohibition Against Contracting with Corporations that Reincorporate Overseas
The Contractor reprcsents that it is in compliance with Suffolk County Local Law No. 20-2004, enti-
tIed" 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 rcincorporated outside the U.S.A.
28. 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 l~lilure or similar causes beyond its control ("force majeure condi-
tions"). If any force majeure condition occurs, the party delayed or unable to perform shall give immediate
notice to the other party.
29. 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 fmniliar with the requirements of
Article I, Chapter 466 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:
a. The Contractor shall not use COlUlty 1i.mds to assist, promote, or deter union organiz-
mg.
b. No County funds shall be used to reimburse the Contractor for mlY costs incurred to
assist, promote, or deter lmion organizing.
c. The County of Suffolk shall not use COlmty 1i.mds to assist, promote, or deter union
orgmllzmg.
d. No employer shall use County property to hold a meeting with employees or supervi-
sors if the purpose of sllch meeting is to assist, promote, or deter union organizing.
ED50 (3/06)
Page 20 of 27
If Contractor services are performed on County property the Contraetor must adopt a reasonable ac-
cess 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 per-
fimned 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 appropri-
ate circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for
violations of this Law.
30. Environmental Preservation
In conducting its activities hereunder, the Contractor shall reasonably preserve and avoid damage to and
destruction of natural, historic or cultural features, including, but not limited to, rare plants, habitats, trees,
shrubs and other vegetation.
31. Hazardous Materials
The Contractor shall not generate, treat, release, store, discharge, dispose of, transport, recycle, use,
reuse or handle hazardous substances or hazardous waste on the premises without prior written permission of
the Department.
32. Furniture, Fixtures, Equipment, Materials, Supplies
(a) Purchases, Etc. Requiring Prior Approval
Prior to placing any order to purchase, rent or lease any furniture, fixtures, or equipment (i) valued in
excess of three hundred dollars ($300.00) per unit, or (ii) included but not itemized in the Budget, the Con-
tractor shall submit to the County a written request for approval to make such a proposed purchase, rental or
lease, with a list showing the quantity and description of eaeh item, its intended location and use, estimated
unit priee or cost, extended priee or eost and estimated total cost ofthe proposed order. Written approval of
the County shall be required before the Contractor may proceed with such proposed purchase, rental or lease
of furniture, fixtures or equipment. All items purchased must be new unless specifically described otherwise
in the Budget.
(ll) Purchase Practices
The Contractor agrees to follow all ofthe general practices that are designed to obtain ti.lmiture, fix-
tmes, equipment, materials or supplies at the most reasonable price or cost possible. The County reserves the
right to purchase or obtain for the Contractor furniture, fixtures, equipment, materials or supplies which shall
be in accordance with the programmatic needs of this Agreement. If the County exercises this right, the
amount budgeted for the items so purchased or obtained by the County for the Contractor shall not be avail-
able to the Contractor for any purpose whatsoever. Title to any such items purchased or otherwise obtained
ED50 (3/06)
Page 21 of27
by the County for the Program and entrusted to the Contractor shall remain in the County, and the Contractor
shall attach labels indicated the County's ownership if the County has not done so.
(c) Proprietary Interest of COllnty
The County shall retain a proprietary interest in all furniture, removable fixtures, equipment, materi-
als or supplies purchased or obtained by the Contractor and paid for or reimbursed to the Contractor pursuant
to the terms of this Agreement or any prior agreement. Upon the termination of this Agreement, or of any
renewal thereof, the discontinuance of the business of the Contractor, the failure of the Contractor to comply
with the terms of this Agreement, the bankruptcy of the Contractor, an assignment for the benefit of its credi-
tors, or the failure of the Contractor to satisfy any judgment against it within thirty (30) days of filing, the
County shall have the right to take title to and possession of all such furniture, removable fixtures, equip-
ment, materials and supplies, and the sanle shall thereupon become the property of ilie County without any
claim for reimbursement on the part of the Contractor. As directed by the County, the Contractor shall attach
identifjing labels on all furniture, removable fixtures and equipment indicating the proprietary interest of the
County.
(d) Inventory Records, Controls and Repol-ts
The Contractor shall maintain proper and accurate inventory records and controls for all such furni-
ture, removable fixtures and equipment acquired pursuant to this Agreement and all prior agreements, if any,
covering the Program. Three (3) months before the termination date of this Agreement, the Contractor shall
make a physical count of all items of nJrniture, removable fixtures and equipment in its custody, checking
each item against the aforesaid inventory records. A report setting forth the results of such physical count
shall be prepared by the Contractor on a form or forms designated by the COlmty, certified and signed by an
authorized official of the Contractor, and one (1) copy thereof shall be delivered to the County within five (5)
days after the date set for the aforesaid physical count. Within five (5) days after the termination date of this
Agreement, the Contractor shall submit to the County six (6) copies ofthe same report updated to the termi-
nation date of this Agreement, certified and signed by an authorized official of the Contractor, based on a
physical count of all items of nlrniture, removable fixtures and equipment on the aforesaid termination date,
and revised, if necessary, to include any inventory changes during the last three (3) months of the term of this
Agreement.
(e) Protection of Property in Contractor's Custody
The Contractor shall maintain vigilance and take all reasonable precautions to protect the furniture,
fixtures, equipment, material or supplies in its custody against damage or loss by fire, burglary, theft, disap-
pearance, vandalism or misuse. In the event of burglary, theft, vandalism or disappearance of any item of
furniture, fixtures, equipment, material or supplies, the Contractor shall immediately notify the police and
make a record thereof, including a record ofthe results of any investigation which may be made thereon. In
the event ofloss of or damage to any item of furniture, fixtures, equipment, materials or supplies from any
cause, the Contractor shall immediately send the County a detailed written report thereon.
(f) Disposition of Property in Contractor's Custody
ED50 (3/06) Page 22 01'27
Upon termination oCthe County's funding of the Program covered by this Agrcement or by rulY rc-
newal hereof, or at ,my other time that the County may direct, the Contractor shall make access available and
render all necessary assistrulce for physical removal by the COlU1ty or its designee of any or all furniture, re-
movable fixtures, equipment, materials or supplies in the Contractor's custody in which the County has a
proprietary interest, in the same condition as such property was received by the Contractor, reasonable wcar
and tear excepted. Any disposition, settlements or adjustments connected with such property shall be in ac-
COJ'dance with the mles and regulations oCthe County and the State of New York.
33. Lease or Rental Agreements
If lease payments or rental costs are included in the Budget as ,m item of expense reimbursable by the
COlmty, the Contractor agrees to submit to the Deprutment, on request, any lease and/or rental agreement that
the Contractor has entered into for space, furniture, fixtures or equipment for the program and, in advance,
any such new or renewal lease or agreement during the term of this Agreemcnt, accompanied (in the case of
a lease of space) by a detailed layout of the premises, which indicates the space that is to be occupied by the
COlUlty flmded program.
34. Loan Approval
The Contractor agrees that, in the event that the County provides funding (under this Agreement and
otherwise) exceeding in the aggregate 20 percent of the Contractor's total f,mding for all of its operations
from all sources, then the Contractor must secure the prior approval of the County for any loan in excess of
$5,000.00.
35. Statement of Other Contracts
The Contractor has attached, mId in the event of any change, will attach to any extension agree-
ment/amendment of this Agreement, a Statement of Other Contracts in the form anncxed to this Agreement.
The Contractor represents and warrants that any such Statemcnt of Other Contracts is and will be a complete
list of all other contracts (i) which arc currently in effect or (ii) which have expired within the past 12 months
and have not been renewed, and under which funds have been, are being or will be received by the Contrac-
tor from any department or agency of the County, the United States of America, the State of Ncw York or
other municipalities or organizations.
36. Offset of Arrears or Default
The Contractor warrants that it is not, and shall not be during the term ofthis Agreement, in arrears to
the County for taxes or upon debt or contract mId is not, and shall not be during the term of this Agreement,
in default as surety, contractor or otherwise on any obligation to the County, and the Contractor agrees that
the County may withhold the amount of any such alTearage or default from amounts payable to the Contrac-
tor lmder this Agreement.
37. Work Experience Participation
If the Contractor is a nonprofit or govemmcntal agency or institution, each of the Contractor's loca-
tions in Suffolk County at which services are provided under this Agreement shall be a work site for publie-
ED50 (3/06) Page 23 of 27
assistru1ce clients of Suffolk County pursuant to Local Law No. 15- I 'J'J3 at all times during the term of this
Agreement. If no Memorru1c1um of Understanding ("Mall") with the Suffolk County Deparlment of Labor
for work experience is in effeet at the beginning of the term of this Agreement, the Contraetor, if it is a non-
profit or govermnental agency or institution, shall enter into such MOll as soon as possible aller the execu-
tion of this Agreement and failure to enter into or to perform in accordance with snch MOU shall he decmcd
to be a failure to perform in accordru1ce with this Agreement, for which the County may withhold paymcnt,
terminate this Agreemcnt or exercise such othcr remedies as may be appropriate in thc circumstances.
38. J'romotions and Advertisements
If publicity is provided for the program, it is the responsibility of the Contractor to have an identifying logo on any
printed material and on all brochures, flyers, and advertisements (including vt'ithout limitation television graphics) as fol-
lows:
Full or Partial Funding Provided by the Suffolk County Department olEconomic De-
velopment and Workforce Housing
Any announcements of the Program on radio or television must identij})imcling in the
safne manner.
39. Publications, Copyrights and Patents
(a) The Contractor shall not issue or publish any book, article, atmouncement, report or other
publication relating to the subject progrrun without prior written permission from the County. Any such pub-
lication shall bear a statement acknowledging the cooperation and lor funding by the County of Suffolk-
Steve Levy, County Executive.
(b) If the work of the Contractor under this Agrecment 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, ru1d 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.
40. Addresses for Notices, Claims and Reports
a. Notices, Relating to Paymcnts, 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 Registered or Certified lr/ail in Postpaid Envelope or by
Nationally Recognized Courier Service
ED50 (3/06) Page 24 of 27
Suffolk County Department of Economic Development wId Workforce I lousing)
H. Lce Dennison Bldg.
100 Vetenm's Memorial Highway
2nd Floor
Hauppauge, NY I 1788.
AtL Jim Morgo, Commissioner
alld
For the Contractor:
By Registered or 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.
b. Noticcs Rclating to Insurance
fillY communication, notice or other snbmission regarding inSUYWlce requirements un-
der this Agreement shall be in writing and shall be given to the County or the Contrac-
tor or their designated representative at the following addresses or at such other ad-
dresses that may be specified in writing by the parties WId must be delivered as fol-
lows:
For the Department:
By Regi~tered or Certified Mail in Postpaid Envelope or by
Nationally Recognized Courier Service
Suffolk COlll1ty Department of Economic Development and Workforce Housing)
I-J. Lee Dennison Bldg.
100 V eterwl' s Memorial Highway
2nd Floor
Hauppauge, NY 11788.
AtL Jim Morgo, Cormnissioner
and
ED50 (3/06)
Christine Ma!afi, County Attorney
Page 25 of 27
Suffolk County Department of Law
II. Lee Dennison Building
100 Veterans Memorial Highway
I-Iauppauge, New Yark 11788
and
For thc Contractor:
By Registered or Certified Mail in Postpaid Envelope or by
Nationally Recognized Courier Service
At the adclress set forth on page one of this Agreement, attention ofthe person who
executed this Agreement ar such other designee as the parties may agree in writing.
c. Noticcs Relating to Indemnification and Tcrmination
Any communication or notice regarding indenmifieation or termination shall be in
writing and shall be given to the COlmty or the Contractor or their designated represen-
tative at the following addresses or at such other addresses that may be specified in
writing by the parties and must be delivered as {{)llows:
For the County:
By Registered or Certified Mail in Postpaid EnJlelope or by
Nationally Recognized Courier SerJlice
Suffolk County Department of Economic Development and Workforce Housing)
H. Lee Dennison Bldg.
100 Veteran's Memorial Highway
2nd Floor
Hauppauge, NY 11788.
Att. Jim Morgo, Comrnissioner
and
Christine Malafi, COlmty Attomey
Suffolk County Department of Law
H. Lee Dennison Building
100 Veterans Memorial Highway
Hauppauge, New York 11788
and
For the Contractor:
ED50 (3/06)
Page 26 of 27
By Registered or Certified Mail in Postpaid Envelope or by
Nationally Recognized Courier Service
At the address set forth on page one ofthis Agreement, attention ofthe person who
executed this Agreement or such other designee as the parties may agree in writing.
(b) Notices sent under paragraphs a, b, and, c 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.
(e) Each party shall give prompt written notice to the other party ofthe appointment of
suceessor(s) to the designated contact pcrson(s) or his or her designated successor(s).
d. 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 pursnant 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
(plaintitI, petitioner, defendant, respondent, third party complainant, third pm"! defen-
dant) 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 tiled by or against the Contractor. Notices shall
be as provided in paragraph (c) above.
- End of Text of Exhibit A-
ED50 (3/06)
Page 27 of27
EXHIBIT B
Suffolk County Contract Form
Name of Agency:
Address:
Town of Southold and the
GreenportlSouthold Chamber of Commerce
PO Box 1179
Southold, NY 11971
James McMahon
(611) 765-1283
Name of Contact Person
Phone Number:
Please type:
Principal Objective of Agency:
':J
The Greenport/Southold Chamber of Commerce's mission is to foster trade [md to
promote the general welfare and prosperity of our hamlets and advance civic,
commercial, industrial, tourism and agricultural interest in Greenport/Southold and on the North Fork of Long Islirnd.
Purpose of Grant:
(A narrative on how you will spend the grant money from Suffolk County)
This funding will be used to re-develop a municipal parking lot in the center ofthe
Southold Business District. This parking lot rcconfiguration 'will ano~v for additionai
parking spaces, as well as improvements to the entrance and exits. The parking lot
improvements are part of the overall Southold Hamlet enhancement, as part ofthe NYS
DOT resurfacing, omamental street lighting, landscaping, sidewalks and benches.
Budget - Detail how much of this grant you will spend on the following:
Personnel: NA
Equipment: NA
Supplies: NA
Othe~ Contracted Services
TOTAL: .$51.000
Federall.D. #:I.1-6001939
Attach Copy of verification of not-far-profit status. Contract will not be prepared if verification is not
submitted. Also, attach copy of certificate of insurance.
CONDITIONS: Do not spend the money until your contract is fully executed. All
expenditures under this contract must be incurred by December 31,2006.
PLEASE NOTE: All expenditures must demonstrate a public benefit and assist the Department of
Economic DevelopmentIWorkforce Housing with its chartered mission. County
funds may not be used for utility bills, conference attendance, taxes, travel, scholarships,
donations to other organizations, attorney fees, and incorporation expenses.
Leqislative Sponsor:
Romaine
SEND TO:
S.C, Department of Economic Development/Workforce Housing
100 Veterans Memorial Highway
Hauppauge, NY 11788
Questions call: (631) 853-4800
Fundinq Source:
Omnibus (Downtown)
Fax sent b~ : 6318531888
Eco Dev/Wkfce HSll!J
89/26/86 11:48
Pg : 2/5
Grantee's Name:
County of Suffolk
Program Budget - Expianation of Costs
. I. Personnel Services: Identify what contribution I task I responsbllity each
staff member has to the program's operation.
In-Kind Services by the Town of Sonthold
James Richter, Office orthe Town Engineer, will be responsible
for the coordination of the project, with contractors, bid documents
and specifications and overall project implementation.
$3,825
James McMahon, Director, Department of Public Works will be
the contact person and grant liaison between the Greenport/Southold
Chamber of Commerce, the Town of Southold and the Suffolk
County OtIice of Economic Development
$2,550
Peter IIanis, Superintendent orIIighways, will be responsible for the
installation of the asphalt overlay.
$1,275
TOTAL
$7,650
II. Contracted Services: Identify the type of service each consulttr tis
providing and its relationship to the program's operation. If Adrriristrative
costs are included, the percentage charged as well as the components
should be spelled out within that heading.
Site Work, Demolition & Landscaping
$17,810
New Sidewalks (1,100 Sq. Ft.)
$ 6,CiOO
New Curbing (110 Lin. Ft)
$ 1,650
New Wood Guardrail (104) Lin. Ft)
$ 3,640
Asphalt Overlay (160 Tons)
$12,800
Ornamental Streetlights (2 X $2,500)
$ 5,000
Kiosk & Planters
$ 3.500
TOTAL
$51,000
Page 1 of 4
Fax sent hy
&318534888
Eco Dev/Wkfce Hsng
El9/2&/EI& 11: 48
Pg : 3/5
Grantee's Name:
III. Maintenance and Operations
a. Equipment: Identify if the equipment is new or replacement,'md briefly
explain its relevance to the program.
f/!Y
b. Supplies: Explain the relevance of the supplies to the progr~:IT.
;fir
Page 2 Qf4
Fax sent by : &318534888
Eco Deo/Wkfce Hsng
El9/Z&/El& 11 : 48
Grantee's Name:
c. Utilities: Explain how the costs were calculated. Specify anc delineate
if the costs are pro-rated based on space) occupancy, or a Pbl-centage
of time allocated to the program.
;/r
IV Facility Repairs / Additional Costs
a. Additional Costs: Explain the relevance and/or need of thesE: ij ems to
the program.
;J/r
Page 3 01'4
Pg: 4/5
Fax sent b~ ; 6318534888
Eeo Dev/Wkfce Hsng
89/26/86 11;48
Grantee's Name:
b. Facility Repairs: Explain the repairs and show how they are I). general
,....1................ a......I "'........ +........ .....a.....:+..,.1 ..e....I....,..~I"'I"\~t"'I+('
upr\.~tJ IIU IIV~ IV' ... I"'~CU I .....lu~\"'O.'........~0.
)/It-
Page 4 oC4
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PROJECT COST ESTIMATES
SITE WORK
DEMOLITION &
LANDSCAPING
1,100S11.fl.+I_
NEW SIDEWALK
110Lln.Ft.+{.
NEW CURBING
104 Un. Ft.+!-
NEW WOOD GUARD RAIL
1250 SQ. Yds.+/-
ASPHALT OVERLAY
(160 TONS)
STREETUGHTS
(2 Ea,;hl
KiOO~ & PLANTERS
JO'
-$17,810.00
1,100 Sq. Ft. x $ 6" $6,600.00
110lln.FI.x$15= $1.650.00
104 Un.Ft. x $35 " .$ 3,640.00
160 TONS x SSD - $12,800_00
2Eaehx$2,500 '" $5,000.00
JO'
" .$ 3,500.00
TOTAL PROJECT ESTIMATE:
., $51,000,00
6x6CCAT",aledPc.t
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Suffolk County Legislative Requirements Exhibit for Contracts; last rev. 6/16/05
Suffolk County Legislative Requirements Exhibit for Contracts
This exhibit is attached to and is made part of the contract executed with the County.
Suffolk County Living Wage Requirements
"Suffolk County Living Wage Requirements Exhibit (2 pages).
Suffolk County Department of Labor - Living Wage Unit
Certification/Declaration - Subject to Audit
Form LW-38 (consists of 1 page)
" C;ontractor'sNendor's Public Disclosure Statement Form SCEX 22; rev.
3/30/04 (form consists of three pages; requires signature & notarization)
Note: The Contractor'sNendor's Public Disclosure Statement Form SCEX 22;
rev. 3/30/04,
III Union Organizing Certification/Declaration - Subject to Audit; rev. 6/05
Form L01 (consists of 2 pages)
Suffolk County Living Wage Requirements Exhibit
As Last Revised by the Suffolk County Department of Labor on 5/'i2i04
Suffolk County Living Wage Requirements Exhibit
As Last Revised by the Suffolk County Department of Labor on 5/12/04
Pursuant to Section 6 of Chapter 347 of the Suffolk County Local Law No. 12-2001, "A
Local Law to Implement Living Wage Policy for the County of Suffolk" (the "Living Wage
Law"), all RFPs, County contracts and financial assistance agreements subject to the law
shall contain the following two paragraphs or substantially equivalent language:
This Agreement is subject to the Living Wage Law of the County of Suffolk, The law
requires that, unless specific exemptions apply all employers (as defined) under
service contracts and recipients of County financial assistance, (as defined) shall
provide payment of a minimum wage to employees as set forth in the Living Wage
Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk
County Living Wage Law of the County of Suffolk.
Under the provisions of the Living Wage Law, the County shall have the authority, under
appropriate circumstances, to terminate this Agreement and to seek other remedies as
set forth therein, for violations of this Law.
Suffolk County Local Law No. 18-2002, "A Local Law to Implement Living Wage Policy for the
County of Suffolk" provided for certain amendments to the Living Wage Law.
---------------------------------------------------------------------------------------------------------------------------
Forms for Completion and/or Signature (as applicable)
. Suffolk County Department of Labor - Living Wage Unit
Notice of Application for County Assistance (Contract)
Form LW-1 (consists of 1 page)
. Suffolk County Department of Labor - Living Wage Unit
Certification/Declaration - Subject to Audit
Form LW-38 (consists of 1 page) (Replaces LW2, LW3 and LV\i33)
. Suffolk County Department of Labor - Living Wage Unit
Request for General Living Wage Exemption
Form LW-4 (consists of 1 page)
. Suffolk County Department of Labor - Living Wage Unit
Request for Specific Living Wage Exemption
Form LW-5 (consists of 2 pages)
1 of 2 pages
Suffolk County Living Wage Requirements Exhibit
As Last Revised by the Suffolk County Department of Labor on 5/'12/04
Note: Pursuant to Section 7 of Local Law No.18- 2002, "A Local Law to
Implement Living Wage Policy for County of Suffolk", all covered employers
subject to the provisions of the Living Wage Law shall submit a completed and
sworn (under penalty of perjury) Certification/Declaration - Subject to Audit Form
LW-38, signed by an authorized representative, as part of an executed contract
with the County of Suffolk. The complete Certification/Declaration - Subject to
Audit Form LW-38 shall be made a part of any executed contract or project
agreement and made available to the public upon request.
-----~----------------------------------------------------------------------------------------------------------
. To certify Living Wage compliance: Return Forms LW-1 and LW-38.
or
. To certify non-applicability of Living Wage law: Return Form LW-38.
or
. To request and document a general living wage exemption: Return Forms LW-1,
LW-38 and LW-4.
or
. To request and document a specific living wage exemption: Return Forms LW-1,
LW-38 and LW-5.
-------------------------------------------------------------------------------------------------------------------------
· In the event that there is a change in circumstances, it is the Contractor's
responsibility to submit to the County additional Living Wage forms which
either replace or supplement prior submissions of Living Wage forms.
. Living Wage Law Information Fact Sheet, text of the Local Law, Frequently
. Asked Questions, Forms, and Rules and Regulations can be found on the Suffolk
County web site at www.co.suffolk.ny.us
Click: Department Directory
Labor
Living Wage Law Info
· Suffolk County Department of Labor Living Wage Unit Tel. (631) 853-3808
End of Text for Suffolk County Living Wage Requirements Exhibit
As Last Revised by the Suffolk County Department of Labor on 5/12/04
2 of 2 pages
SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT
NOTICE OF APPLICATION FOR COUNTY COMPENSATION (Contract)
Living Wage Lav/, Suffolk County Coue, C:h,lpter 347 (2001)
To Be Completed By Applicant! Employer/Contractor
1) NAME:
2) VENDOR #:
4) CONTACT:
(If known)
3) CONTRACT ID #:
5) TELEPHONE #:
(lfknmvn)
6) ADDRESS:
I 7)
8)
TERM OF CONTRACT (DATES):
PROJECT NAME: (IF DIFFRRENT FROM #1)
I
JI) AMOUN-T:
10) AWARDING AGENCY:
11) BRIEF DESCRIPTION OF PROJECT OR SERVICE:
12) PROJECTED EMPLOYMENT NEEDS: (attach a statement listing, by job
classification, the total workforce dedicated to performing this contract or service, including
calculation ofestim1!ted lleUncreas~ or decrcaseJlljobs asa rcsultoffnnding).
13) PROJECTED WAGE LEVELS: (attach a statement listing projected wage levels,
compensated days off and medical benefits for total workforce dedicated to fult1l1ing the terms
of this contract, broken down anuually for. each year of the term of the contract).
L W -1 (revised 4/05)
SlIFFOLK COll,\T\ DFI'.\RTillENT OF LABOR- flinG I/A(;I:' lI\IT
LIVING /lAGE CERTlFICATIONIDECLARA nON - SUBJECT TO AUDIT
If either of the following definitions of 'compensation' (Living Wage Law Chapter 347 - 2) applies to the
contractor's/recipicnt's business or transaction with Suffolk County, the contractor/recipient must complete Sections J, 3,4
below; and Form L\V-l (Notice of Application for County Compensation). Uthe following definitions do not npply, the
contractor/recipient must complete Sections 2, 3 and 4 below. Completed forms must be submitted to the a\-varding agency.
"Any grant, loan, tax incentive or abatement, bond financing subsidy or other form of compensation of more that $50,000 which is
realized by or provided to all employer of at leasi Len (10) employees by or through the authority or approval of the Call1li)' of
Suffolk," or
"Any service contract or subcontract let to a contractor \vith ten (10) or more employees by the County of Suffolk for the furnishing of
services to or for the County of Suffolk (except contracts where services are incidental to the delivery of products, equipment or
commodities) ",,'hich involve an expenditure equal to or greater than $10,000. For the purposes afthis definition, the amount of
expenditure for more than one contract for the same service shall be aggregated. A contract for the purchase or lease of goods,
products, equipment, supplies or other property is not 'compensation' for the purposes of this definition."
Section I
D
The LivinK Wage Law applies to this contract. I/we hereby agree to comply with all the provisions of Suffolk
County Local Law No. 12-2001, the Suffolk County Living WaKe Law (the Law) and, as such, will provide to all
full, palt~time or temporary employed persons who perform work or render services on or for a project, matter,
contract or subcontract where this company has received compensation, from the County of Suffolk as defined in the
Law (compensation) a wage rate of no less than $10.02 ($9.25 for child care providers) per hour worked with health
benefits, as described in the Law, or otherwise $11.41 ($10.50 for child care providers) per hour or the rates as may
be adjusted annually in accordance with the Law. (Chapter 347-3 Il)
Check if
^pplicuble
I/w'e further agree that any tenant or leaseholder of this company that employs at least ten (10) persons and occupies
propel1y or lIses equipment or property that is improved or developed as a result of compensation or any contractor
or subcontractor of this company that employs at least ten (10) persons in producing or providing goods or services
to this company that are lIsed in the project or matter for which this company has received compensation shall
comply with all the provisions of the Law, including those specified above. (Chapter 347-2)
Ih.ve further agree to permit access to \vork sites and relevant payroll records by authorized County representatives
for the purpose of monitoring compliance with regulations under this Chapter of the Suffolk County Code,
investigating employee complaints of noncompliance and evaluating the operation and effects of this Chapter,
including the production for illspcction & copying of payroll records for any or all employees for the term of the
contract or for five (5) years, \vhichever period of compliance is longer. All payroll and benefit records required by
the County will be maintained for inspection for a similar period of time. (Chaptcr 347-7 D)
The County Department of Lobor shall review the records of any Covered Employer at least once every three years
to verity compliance with the provisions of the Law. (Chapter 347-4 C)
Section II
EJ
The Living 1Yage Law docs not apply to this contract for the following reason(s):__
~wn is a conduit for the funding
- -Chcckif
ApplicahJc
Scction III
Contractor N,l.llle: Town of South old
Contractor Address: 53095 Main Road -1'.0. Box 1112
Southold, NY 11971
Federal Employer ID#:
Amount of Assistance:
Vendor #:
$51,000
Contractor Phone #:
Description of project or service: This fundingy,lill be lIsed to re-develop a town DarkillgJot in the middle oftha S011thold Busin~.~~
District. Total Droject costs estimated at $87,000, balance to be covered by the To\vn of South old. This Dar~ing lot recontieuration
will allow for <g!.gjtiona] llil[king spaces, as \vell as better entrance and exit ways. The parking lot reconfigur~tion is R.OJ!:1 of the o..yer'!ll
Southold Hamlet enhal1c.ement which has begun with recent improvements to Rt. 25 includine NYS DOT resurfacing, ornamental
street lighting, landscaping, sidewalks and benches.
Section IV
I declare Limier penalty 0 Ijury tmder the Laws of the State of New York that the undersigned is authorized to provide this
certification, and that~:;;;el:;;~~_
Authorizer ~ign ro /J . . i jJa;eL~-------
,5G.=---- L0S~~-.Jlf-- Se-c,,::z!!....LC/.(-' H
Pnnt Name and Title or Authorized ReD! csentativc (J
SUFFOLK COI':';T)" ])LI'ART~IENT OF L\BOR UI IYG /lIGI. Li\IT
LInNG IIAG/,' CERTlFJCATIONIDECLARATlON - SUBJECT TO AUDIT
If either of the follm'dng definitions of 'compensation' (Living Wage Law Chapter 3-n - 2) applies to thl'
contractor's/recipient's business or transaction with Suffolk County, the contractor/recipient must complete Sections 1, J, 4
below; and Form L\V-l (Notice of Application for Count)' Compensation).]f the following definitions do not apply, the
contrartor/rccipicllt must complete Sections 2, 3 and 4 below. Completed forms must be submitted to the .I\\'arding agency.
"Any grant, loall, lax incenti\'e Of abatement, bond financing subsidy or other form of compensation of more that $50,000 \.vhlch is
realized by or pruvided to an emp!uyer of at Il;ast ten (10) employees by or through the authority' or apprm/al of the COUilty of
Suffolk," or
"Any service contract or subcontract let to a contractor with tcn (10) or more employ"ecs by the County of SuITolk for the furnishing of
services to or for tlIe County ofSutfolk (except contracts where services are incidental to the delivery of products, equipment or
commodities) \vhich involve an expenditure cqual to or greater limn $10,000. For the purposes of this definition, the amount of
cxpenditure for more than one contract for the same service shall be aggregated. A contract for the purchase or lease of goods,
products, equipmcnt, supplies or other property is not 'compensation' for the purposes of this definition."
Section I
o
The Living /Vage Law applies to this contract I1we hereby agree to comply with all the provisions of Suffolk
County Local Law No. 12-200 I, lhe Suffolk County Living !Vage Law (the Law) and, as such, will provide to all
full, parHime or temporary employed persons v\'ho perform work or render services on or for a project, matter,
contract or subcontract where this company has received compensation, from the County of Suffolk as defined in the
Law (compensation) a vvage rate of no less than $10.02 ($9.25 for chilLI care providers) per hour \vorked with health
henefits, as described in the Law, or otherwise $11.41 ($10.50 for child care providers) per hour or the rates ns may
hc adjusted annually in accordance with the Law. (Chapter 347-3 B)
Cheek if
Applicable
L'we further agree that any' ten~1I1t or leaseholder of this company that employs at least ten (10) persons and occupies
property or uses equipment or property that is improvcd or developed as a result of compensation or any contractor
or subcontractor of this company that employs at least ten (I 0) persons in producing or pro\i'iding goods or services
to this company that are used in the project or matter for \\-'hich this company has received compensation shall
comply with all the provisions of the Law, including those specified above. (Chapter 3"'7-2)
I,\ve further agree to permit access to \-vork sites and relevant pnyroll records by authorized County representatives
for the purpose of monitoring compliance with regulations uncleI' this Chapter of the Suffolk COLlnty Code,
investigating employee complaints ofnoncompliancc and evaluating the operation and effects of this Chapter,
including the production for inspection & copying of payroll records for any or all employees for the term of the
contract or for five (5) years, whichever period of compliance is longer. All payroll and benefit records required by
the County will bc maintained !()r inspection for a similar period oftimc. (Chapter 347-7 D)
The County Department of Labor shnll review the records of allY Covered Employer at least once every three years
to verify compliance with the provisions of the Law. (Chapter 347-4 C)
Section II
D
The Living 1FaKe Law does not apply to this contract for the following rcason(s):___
Cbeck if
Applicable
Section III
Contractor Name: QreennQlilSouthold Chamber Q(Coml~rce
Contractor Address: P.O. Box 1415
:iQ!lthold. NYJl971
Federal rOmployer ID#:
Amount of Assistance: $2.-1.000
Vendor #:
Contractor Phone #:
Description of project or service: This fundine: will be used to re-devclop a town lli.!fking lot ill the middle ofth~ Southold Business
District. Total proiect costs estimated at $87,000. balance to be covered bv the Town of Southold. This Darking lot reconfiguratioll
will allow for additional parking spaces. as well as better entrance and exit vyavs. The parking lot reconfiguration is oftrt of the overqll
Southold Hamlet enhancement which has begun with recent improv9.!JlCnts to Rt. 25 including NYS DOT resurfacing, ornamental
street l!ghtiIlQ, landscaping, sidewalks and benches.
Section IV .'_)
I declareunderl',,:nart!'?'fperj\llYWld the L~ofthe State of New York lhatthe undersigned is authorized to provide this
certlfic:::;~~ ~_~ Id c~:t____ __ .~ !Oll2_
A~~:'~ecl ~ ~rtL~), [D 2e __ -~tE! /Lo,j2~ ~JcipJl ilJa~1 f" L._ ?',u _....c (} __ ,~"
P";"I l\T....,,,p .,,,,.1 T;tl., , I II "t1,,,~,~,,,~ [) _'''.''''''..'n+-. _"---. .
() A t' ()
SUFFOLK COUNTY ADMINISTRATIVE CODE SECTION AS-7
S A5-7. Contractois and vendors required to submit full disclosure
statement. [Derived from L.L. No. 14-1976, as amended 2-27-1979 by L.L.
No. 6-1979]
A. Definitions. As used in this section, the following terms shall have the
meanings indicated:
CONTRACT - Any written agreement between Suffolk County and a
contractor or vendor to do or perform any kind of labor, service, purchase,
construction or public work, unless the contract is for a federally or state-
aided, in whole or in part, program required to be bid pursuant to S 103 of
the New York General Municipal Law. [Amended 6-29-1993 by L.L. No.
28-19931]
NOTE: L.L. No. 28-1993 also provided as follows:
Section 1. Legislative Intent.
This Legislature hereby finds and determines that Suffolk County's comprehensive
ContractorNendor Public Disclosure Statement Law currently applies to a broad array of
contracts that exceed one thousand dollars ($1,000.) in value, subject to exemptions for
contractors doing business with the County Department of Social Services; hospitals;
educational, medical, and governmental entities; and not-for-profit corporations.
This Legislature further finds and determines that these exemptions prevent full
disclosure of important information that may be useful to elected county officials in
determining whether or not specific types of contracts are in the public interest, especially
in light of recent trends towards privatization and use of outside consultants on an
increased basis by municipalities.
Therefore, the purpose of this law is to eliminate many of the exemptions from completing
and filing verified public disclosure statements with the County Comptroller available to
certain contractors providing social services or health services contracts.
CONTRACTOR or VENDOR [Amended 12-18-1990 by L.L. No. 41-
19902; 6-29-1993 by L.L. No. 28-19933] -
Any proprietorship, partnership or closely held corporation which has a
contract-with Suffolk County in excessoLone thousand dollars ($1,.000.) m
which has three (3) or more contracts with Suffolk County, any three (3) of
which, when combined, exceed one thousand dollars ($1,000.), except:
(1) Hospitals.
(2) Educational or governmental entities.
Editor's Note: This local law was adopted by the legislature after disapproval by the
Executive on 5-26-1993.
2 Editor's Note: This local law was adopted by the Legislature after disapproval by the
Executive on 12-13-1990. See the note at S A4-12.
3 Editor's Note: This local law was adopted by the Legislature after disapproval by the
Executive on 5-26-1993. See note above.
Page 1 of 3
(3) Not-for-profit corporations.
(4) Contracts providing for foster care, family day-care providers or child
protective consulting services.
FULL DISCLOSURE CLAUSE - A proviso to be included as a material
part of a contract imposing upon the contractor or vendor a material,
contractual and statutory duty to file a verified public disclosure statement.
VERIFIED PUBLIC DISCLOSURE STATEMENT - A declaration, the
contents of which are acknowledged before a notary public, containing
information required under this section.
B. A full disclosure clause is to be included in all future contracts between
Suffolk County and a contractor or vendor. Such full disclosure clause
shall constitute a material part of the contract.
C. Notice of the full disclosure clause shall be included and made a part of the
specifications, if any, which are submitted to interested potential bidders.
D. Each contractor or vendor shall file a verified public disclosure statement
with the Comptroller of Suffolk County as soon as practicable prior to
being awarded the contract. An updated disclosure statement shall be
filed by the contractor or vendor with the Comptroller by the 31st day of
January in each year of the contract's duration. It shall be the duty of the
Comptroller to accept and file such statements.
E. No contract shall be awarded to any contractor or vendor, as defined in this
section, unless prior to such award a verified public disclosure statement
is filed with the Comptroller as provided in this section. Any verified public
disclosure statement containing fraudulent information shall constitute, for
all purposes, a failure to file such statement in the first instance.
F. The verified public disclosure statement required by this section shall
include:
(1) A complete list of the names and addresses of those individual
shareholders holding more than five-percent interest in the firm.
(2) The table of organization for the company shall include the names and
addresses of all individuals serving on the board of directors or
comparable body, the names and addresses of all partners and the
names and addresses of all corporate officers. The contractor or
vendor shall conspicuously identify any such person in this table of
organization who is an officer or an employee of Suffolk County.
Page 2 of 3
(3) A complete financial statement listing all assets and liabilities as well
as a profit-and-Ioss statement, certified by a certified public
accountant. Such statement shall be the most current available and in
no event shall have been prepared more than six (6) months prior to
the date of the filing of the bid. No financial statement or profit-and-Ioss
statement shall be required from any contractor or vendor having fifty
percent (50%) or more of their gross revenues from sources other than
the County of Suffolk.
G. A separate folio for each company shall be maintained alphabetically for
public inspection by the Comptroller.
H. Remedies. The failure to file a verified public disclosure statement as
required under this section shall constitute a material breach of contract.
Suffolk County may resort, use or employ any remedies contained in
Article 2 of the Uniform Commercial Code of the State of New York. In
addition to all legal remedies, Suffolk County shall be entitled, upon a
determination that a breach has occurred, to damages equal to fifteen
percent (15~/o) of the amount of the contract.
I. Under no circumstances shall the county be precluded from invoking any
remedy contained in the preceding section by reason of its failure to
invoke promptly its remedies.
Page 3 of 3
Suffolk County Form SCEX 22
Contractor's/V cndor's Public Disclosure Statcrnent
Pursuant to Section A5-7 of the Suilolk County Administrative Code, this Public Disclosure Statement
must be cornpleted by all contractors/vendors that have a contract \-\lith SuiTolk County. In the c\.'cnt
contractor/vendor is exempt from completing paragraphs numbered I through 11 below, so indicate at
pamgraph number 12 below setting forth the reason for such exemption. Notwithstanding such exempt
status, you must execute this form bclow before a notary public.
I. C:ontraetor's/Vendor's Name Town of Southold
Address 53095 Main Road - P.O. Box 1179
City and State Sonthold. NY Zip Code 11971
2. Contracting Department's Name Economic Development!\Vorkforce Housinl!
Address: H. Lcc Dennison Buildinl! - 100 Veterans Memorial Hil!hwav. Hauppanl!c. NY
11788
3. Payee Identification or Social Security No.
4. Type of Business _ C:orporation_Partnership_ Sole Proprietorship_Other
5.a Is contractor/vendor entering into or has contractor/vendor entered into a contract with SulTolk
County in excess of $1 ,OOO? Yes No.
5.b i!as contractor/vendor entered into three or more contracts, including the one for which you are
now completing this {(,rm, with Sutlolk CllLUlty, any three of which, when combined, exceed $1 ,OOO?
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 namcs 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 ofiieer or
an employee of Suft(,lk County. (Attach additional shcet if necessary).
8. Does contractor/vendor derive 50% or more of its total rcvcnues 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 statemcnt, a complete
tinancial statement listing all assets and liabilities as well as a profit and loss statement. These
statements must bc certified by a Certified Public Accountant. (Strike this out ifnot applicable.)
Page 1 of 3 Public Disclosure Form
10. The undersigned shall include this Conlrac1or's/Vcllllor's Public Disclosure Statemcnt with the
contract. (Describe general nature of the contract.) JhisJunding \vill be u~;cd to fe-develop a town
parking lot in the middle ofthe Southold Busincss District. Total project costs estimated at $87,000,
balance to be covered bv the Town of Southold. This parking lot reeonfiguration will allow for
additional Darking soaces. as "veIl as better entrance and exit ,,\[[iV'S. The parking lot reconfiguration is
part of the overall Southold Hamlet enhancement which has begun with rccent imRrovements to Rt. 25
includini! NYS DOT resuII~lcing. ornamental street lighting. landsgping, sidewalks and benches.
II. Remedies. The !iiilure to lile a verified public disclosure statement as required under local law
shall constitute a material breach of contract. Sulfolk County may resort, use or employ any remedies
contained in Article II ofthe 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 I through I I herein:
'_ a) Hospital
\/ b) l'<'dll"ati"l'",. 1 i\r CTry\.,p"n'ne'l'al Pl"I' II" P<:'
-r-- ~ .L.. '-' LA'--' i H '-'L b'""..... u .., .....,. 'V~
___.. c) Not-for-profit corporations
-.- d) Contracts providing for foster earc, Eunily 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 oflleer or principal of the contractor/vendor
authorized to sign for the company lor the purpose of executing contracts. The undersigned being swom,
afIimls under the penalties of pel jury, that he/she has read and understood the foregoing statements and
<],,, d"y '", " bj;~" nom Imowkd", ,now. ~. '.
Dated: I of 2-01 o!l Signed: ~
Printed Name of Signer: 500 -{-f-' l1- _ (
Title of Signer: Sl~A vt, 'I7--i
Name of Contractor/Vendor: Town ofSout ld _
UNIFORM CERTIFICATE OF ACKNOWLEDGMENI
(Within New York State)
STATE OF NEW YORK)
COUNTY OF ) ss.:
On the ~i)~ day of.D(;\'1)b~L __ in the year 200; before me, the undersigned, personally appeared
Stott If: L\\tAl 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 hislherltheir eapacity(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 instmment.
\r-.
BONNIE J. OOROSKI
Notary Public, State Of New York
No. 01006095328, Suffolk County
Term ExpiresJuly7,20~
(Signature m office of individual taking acknowledgment)
Page 2 of 3 Public Disclosure Form
Contractor'sNendor's Public Disclosure Statement Form (Rev. 3/30/04) SCEX 22
UNIFORM CERTIFleS!E ()EACKL11JWI,EDGMENI
(Without New York Stale)
STATE OF
)
) ss.:
).:
COUNTY OF
On the __ day of________ in the year 2005 before mc, the undersigncd, personally appeared
_____ personally known to me or proved to me on the basis of satistitctory evidence
to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to
me that helshe/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s)
on the instrument, thc individual(s), or the person upon behalf of which the individual(s) acted, executed
the instrument, and that such il1llividual(s) made such appearance before the undersigned in
(Insert the city or other political subdivision and the state or country or other placc the acknowledgemcnt
\vas taken)
(Signature and office or individual taking acknowledgment)
Page 3 of 3 Public Disclosure Form
Contractor'sNendor's Public Disclosure Statement Form (Rev. 3/30/04) SCEX 22
Sulfnlk Cnullt)", 1\\'\\' l'urk
DeraIlment or Lilbor
SUFFOLK COUNTY DEPARTMENT OF LAIlOR - LABOR MEIllATlON UNIT
UNION ORGANIZING CERTlFICATIONIDECLARATlON - SUBJECT TO AUDIT
If the following definition of "COlIllt)' Contractor" (Union Organizing La..\' Chapter 466-2) applit.'s to the
contractor's/beneficiary's business or transaction with Suffolk County, the contractor/bclldiciary IIlllst complete Sectiolls I,
III, and IV belm\'. If the following definitions do not apply, the contractor/ht'neficiary must compldc Sections II, III and IV
belm\'. Completed forms must be submitted to the awarding agency.
Count)' Contractor: "Any employer that receives more than $50,000 in County funds Cor supplying goods or services pursuant to a
written contract with the County of Suffolk or any of its agencies; pursuant to a Suffolk COllllty' grant; pursuant to a Suffolk Coullty
program; pursuant to a Suffolk County reimbursement for services provided in <ltly calendclr year; or pursuant to a subcontract with
any of the above."
Section I
The Union Organizing Law applies to this contract. I/\.ve hereby agree to comply \vith all the provisions of Suffolk
County Local Law No. 26-2003, the Suffolk County Union Organizing Law (the law) anu, as such shall not use
County fll11ds to assist, promote, or deter union organizing (Chapter 466-3 A), nor seek reimbursement from fhe
County for costs incurred to assist, promote, or deter union organizing, (Chapter 466-3 B)
Check If
Applicable
I/wc further agree to take all action necessary to ensure that County funds arc not lIsed to assist, promote, or detcr
union organizing. (Chapter 466-3 H)
1/\ve further agree that if any expenditures or costs incurred 10 <lssisL promote, or deter union organizing arc made,
J/we shall maintain records sufficient to sho\v that no County funds were llsed ror those expenditures and, as
applicable, that no reimbursement from County funds has been sought for sllch costs. 1/\ve agree that sllch records
shall be made available to the pertinent County agency or authority, the COllllty Comptroller, or the County
Department of Law upon request. (Chapter 466-3 I)
I/we further affirm to the follO\ving:
. l/we will not express to employees any false or misleading information that is intended to intluence the
determination of employee preferences regarding union representation;
. I/we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining
representative;
. IIwe will not require an employee, individually or ill a group, to attend a meeting or an event that is intended to
influence his or her decision in selecting or not selectlng a bargaining representative;
. I/\ve understand my/our obligation to limit disruptions caused by prerccognition labor disputes through the
- adoption of nonGonfrontational prol;;cdures for the resolution of prerecognition labor disputes with-emplo)Lccs
engaged in the production of goods or the rendering of services for the County; and
. I1we have or will adopt any or all of the above-referenced procedures, or their functional equiv'alent, to ensure
the efficient, timely, and quality provision of goods and services to tIll: County. lI\ve shall include a list ofsaicl
procedures in such certification.
I/wc further agree that every Count}' contract for the provisio/l of services, when sllch services \vil1 be performed on
County property, shall include a requirement that [/we adopt <l reasonable access ngreement, a neutrality agreement,
fair communication agreement, no intimicbtion agrecment, and a majority! authorization cnrd 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, shalJ include a requirement that I/we adopt, at the lenst, a neutrality agreement.
I/we understand that the efficient, timely, and nondisruptive provision of goods and services is a paramount fmancial
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 of labor disputes,
including, but not limited to, neutrality agreements, majority authorization card agreements, binding arbitration
agreements, fair communication agreements, nonintimidation agreements, and reasonable access agreements.
LlOL-LOI (1,(115)
Suffolk County, t\c\\' Y lHt
Department of Labor
Section II
Thl: Union Organizing Law clocs not apply to this contract for the follm-ving reason(s):
I I
U
Check if
Applicable
--- ---- ---- ----------- -- --,-,-- -------- -- ---- ~-------
Section III
Contractor Name:
Town of Soothold
Federal Employer ID#: [r - ({; 00 I ?:? '1
Contractor Address: ;;3095 Main Road - P.O. Box 1179
Amount of Assistance: $51.000
Southold, NY 11971
Vendor #:
Contractor Phone #:
Description of project or service: This funding will be used to re-develop a town parking lot in the middle of the SOJHhold Busiu.css
District. Total I2IQject costs estimated at $87.000, balance to be covered bv the Town of Southold. This parking lot reconfiguratio!}
will allow for additional.narking spaces, a5 \vell as better entrance and exit waY's. The parking lot recop.figuration is Dart ofth~
overall Southold Hamlet enhancement which has begun with recent improvements to Rt. 25 including NYS DQT---.resurfaciDg,
ornamental street lighting, landscaping, side\v,flJks and benches.
Section IV
I declare under penalty of perjlllY under the Laws
certification, and that ' above is true and correct.
~~
Authorized Signahlre
_)(',n+t- A. Ku_c('~ (L
Print Name and Title of Authorized Represeutative
of the State of New York that the undersigned is authorized to provide this
lolz,>jt){,
Date
c
cAS 1:r\
DOL-I.O 1(6/05)