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HomeMy WebLinkAboutSTOP DWI Program RESOLUTION 2007-269 SCHEDULED DOC ID: 2638 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-269 WAS SCHEDULED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27, 2007: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Aereement with the County of Suffolk for the 2007 STOP-DWI Proeram in an amount not to exceed $19,000.00, for the term January 1, 2007 through December 31,2007, all in accordance with the approval of the Town Attorney. r~a~t:tI.. Elizabeth A. Neville Southold Town Clerk Law No. Rev. 02/08/07 STOP-DWI Municipal Enforcement IFMS No. SC PRO 0000000 DWI Enforcement Agreement This Agreement, made 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 I 190 I, acting through its duly constituted Snffolk County Department ofProbation/STOP-DWI Program (Department), located at H. Lee Dennison Building, I I"' floor, 100 Veterans Memorial Highway, I-Iauppauge, New York (mailing address: Box 6100, Hauppauge, New York 11788-0099) and the Town of Southold (Contractor), a New York municipal corporation, having its principal place of business at P.O. Box 1139, Southold, New York 11971-1682. The parties hereto desire to make available to the County increased enforcement services (Services) of New York State vehicle and traffic laws relating to drinking and driving. Sufficient funding exists in the 2007 Suffolk County Operating Budget. Term of Agreement: Shall be January 1,2007 through December 31,2007. Total Cost of Agreement: Shall not exceed $19,000.00 Terms and Conditions: Shall be as set forth in Exhihit A through G; attached hereto and made a part hereof. In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. The Honorable Scott A. Russell Supervisor of Southold Town County of Suffolk By: /~ /1-, IZ<-<-,:?ej( _>utpe-vu 1,'01" [Please print name and title under signature Fed. Taxpayer ill #: 1.- 0 Date: By: Paul Sabatino IT Chief Deputy County Executive Date: Approved as to Legality: Christine Malafi Suffolk County Attorney Approved: By: By: Samantha N. McEachin Assistant County Attorney James Golbin Chief Planner Suffolk County Probation Department Date: Date: Law No. Rev. 02/08/07 STOP-OWl Municipal Enforcement IFMS No. SC PRO 0000000 List of Exhibits Exhibit A General Terms and Conditions 1. Responsibilities of the Parties 2. Tenn and Tennination 3. Indemnification 4. Insurance 5. Independent Contractor 6. Severability 7. Merger; No Oral Changes 8. Set-affRights 9. Non-discrimination in Employment and Affinnative Action 10. Non-discrimination in Services 11. Governing Law 12. No Implied Waiver 13. Conflicts of Interest 14. Cooperation on Claims 15. Confidentiality 16. Assignment and Subcontracting 17. No Intended Third Party Beneficiaries 18. Publications and Publicity 19. Copyrights and Patents 20. Service Records 21. County Supervision Exhibit B Suffolk County Legislative Requirements 1. Contractor'sNendor's Public Disclosure Statement 2. Living Wage Law 3. Use of County Resources to Interfere with Collective Bargaining Activities Local Law No. 26-2003 4. Gratuities 5. Prohibition Against Contracting with Corporations that Reincorporate Overseas 6. Child Sexual Abuse Reporting Policy 7. Non Responsible Bidder 8. Use of Funds in Prosecution of Civil Actions Prohibited 9. Certification as to Relationships 10. Lawful Hiring of Employees Law 11. Suffolk County Local Laws Website Address Exhibit C Notices and Contact Persons Exhibit 0 Description of Services / Workplan and Budget Law No. Rev. 02/08/07 STOP-DWI Municipal Enforcement IFMS No. SC PRO 0000000 Exhibit E Payment Terms I. General Payment Terms and Conditions 2. Agreement Subject to Appropriation of Funds / Contingency 3. Financial Statements and Audit Requirements Exhibit F Suffolk County Stop DWI Reporting Forms (4 pages) Exhibit G Other Exhibit "Suffolk County Legislative Requirements Exhibit for Contracts" I Suffolk County Living Wage Requirements Suffolk County Department of Labor - Living Wage Unit Notice of Application for County Compensation Form LW-I (consists of 1 page) Suffolk County Department of Labor . Living Wage Unit CertiticationlDeclaration - Subject to Audit Form LW-38 (consists of 1 page) II Contractor'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 CertiticationlDeclaration - Subject to Audit; rev. 6/05 Form LO 1 (consists of 2 pages) IV Lawful Hiring Compliance Requirements Notice of Application to CertifY Compliance with Federal Law (8 U.S.C. Section I 324A) with Respect to Lawful Hiring of Employees (consists of I page) Affidavit of Compliance with the Requirements of (8 U.S.C. Section I 324A) with Respect to Lawful Hiring of Employees (consists of 1 page) Law No. Rev. 02/08/07 STOP-DWI Municipal Enforcement IFMS No. SC PRO 0000000 Exhibit A General Terms and Conditions 1. Responsibilities of the Parties The duties of Contractor shal] be to shall be to provide enhanced DWI enforcement services for the County, as more par- ticularly described in Exhibit D, entitled "Description of Services." attached to and made part ofthis Agreement. The Contractor shall perform such professional services as may be necessary to accomplish the work required to be per- formed under and in accordance with this Agreement. The Contractor specifically represents and warrants that it has and shall possess, and that its employees, agents and subcontractors have and shall possess, the required education, knowledge and experience, if any, necessary to qualifY them individually for the particular duties they perform. 2. Term and Termination a. Term This Agreement shall cover the period set forth on page one of this Agreement, unless sooner terminated as provided below. Upon receipt ofa Termination Notice, as that term is defmed below, pursuant to the following paragraphs, the Contractor shall promptly discontinue all Services affected, unless otherwise directed by the Termination Notice. b. Termination for Cause This Agreement may be terminated in whole or in part in writing by the County in the event offailure by Contractor to fulfill any of the terms and conditions under this Agreement; provided that no such termination shall be effective unless Contractor is given five (5) calendar days' written notice of intent to terminate ("Notice of Intent to Terminate''), deliv- ered personally or by certified mail, return receipt requested. During such five (5) day period, Contractor will be given an opportunity for consultation with the County and an opportunity to cure all failures of its obligations prior to termi- nation. Prior to issuance of a written termination notice ("Termination Notice") by the County, Contractor shall be given an additional five (5) days to cure all failures to fulfill its obligations under this Agreement. In the event that the Contractor has not cured all its failures to fulfill its obligations to the satisfaction of the County by the end of the com- bined ten (10) day period, the County will issue a Termination Notice, effective immediately. c. Termination for Convenience i. The County shall have the right to terminate this Agreement at any time and for any reason deemed to be in its best interest, provided that no such termination shall be effective unless the Contractor is given thirty (30) cal- endar days' written notice of termination. ii. Upon giving of a notice pursuant to the foregoing sub-paragraph, the Contractor shall promptly dis- continue all services affected unless otherwise directed by the notice of termination. iii. In such event of termination, the County shall pay the Contractor for the services rendered through the date of termination. Law No. Rev. 02/08/07 STOP-DWI Municipal Enforcement IFMS No. SC PRO 0000000 3. Indemnification , The Contractor agrees that it shall protect, indemnifY and hold harmless the County and its officers, officials, employees, contractors, agents and other persons from and against all liabilities, fmes, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and reasonable attorneys' fees, arising out of the acts or omissions or the negligence of the Contractor in connection with the services described or referred to in this Agreement. The Contractor shall defend the County and its officers, officials, employees, contractors, agents and other persons in any suit, including appeals, or at the County's option, pay reasonable attorney's fees for defense of any such suit arising out of the acts or omissions or negligence of the Contractor, its officers, officials, employees, subcontractors or agents, if any, in connection with the ser- vices described or referred to in this Agreement. 4. Insurance a. The Contractor agrees to procure, pay the entire premium for and maintain throughout the term of this Agree- ment, insurance in amounts and types specified by the County and as may be mandated and increased from time to time. The Contractor agrees to require that all of its subcontractors, in connection with work performed for the Contractor related to this Agreement, procure, pay the entire premium for and maintain throughout the term of this Agreement insurance in amounts and types equal to that specified by the County for the Contrac- tor. Unless otherwise specified by the County and agreed to by the Contractor, in writing, such insurance shall be as follows: i. Commercial General Liability insurance, including contractual liability coverage, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily injury and Two Million Dol- lars ($2,000,000.00) per occurrence for property damage. ii. Automobile Liability insurance (if any vehicles are used by the Contractor in the performance of this Agreement) in an amount not less than Five Hundred Thousand Dollars ($500,000.00) per person, per accident, for bodily injury and not less than One Hundred Thousand Dollars ($100,000.00) for prop- erty damage per occurrence. iii. Worker's Compensation and Employer's Liability insurance in compliance with all applicable New York State laws and regulations and Disability Benefits insurance, if required by law. Contractor shall furnish to the County, prior to its execution of this Agreement, the documentation required by the State of New York Workers' Compensation Board of coverage or exemption from coverage pursuant to ~~57 and 220 of the Workers' Compensation Law. In accordance with General Municipal Law ~ I 08, this Agreement shall be void and of no effect unless the Contractor shall provide and maintain coverage during the term of this Agreement for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. iv. Professional Liability insurance in an amount not less than Two Million Dollars ($2,000,000.00) on either a per occurrence or claims made coverage basis. b. All policies providing such coverage shall be issued by insurance companies with an A.M. Best rating of A- or better. c. The Contractor shall furnish to the County Declaration Pages for each such policy of insurance and upon re- quest, a true and certified original copy of each such policy, evidencing compliance with the aforesaid insur- ance requirements. In the case of commercial general liability insurance, the County of Suffolk shall be named as an additional insured and the Contractor shall furnish a Declaration Page and endorsement page evidencing the County's status as an additional insured on said policy. Law No. Rev. 02/08/07 STOP-DWI Municipal Enforcement IFMS No. SC PRO 0000000 d. All such Declaration Pages, certificates and other evidence of insurance shall provide for the County of Suffolk to be notified in writing thirty (30) days prior to any cancellation, nonrenewal or material change in said poli- cies. Such Declaration Pages, certificates, policies and other evidence of insurance and notices shall be mailed to the Department at its address as set forth in this Agreement in the paragraph entitled "Notices and Contact Persons" or at such other address of which the County shall have given the Contractor notice in writing. e. In the event Contractor shall fail to provide the Declaration Pages or certificates of insurance or to maintain any insurance required by this Agreement, the County may, but shall not be required to, obtain such policies and deduct the cost thereof from payments due Contractor under this Agreement or any other agreement between the County and Contractor. f. If the Contractor is a town or other municipal corporation and has a self-insurance program under which it acts as a self-insurer for any of such required coverage, it may provide self-funded coverage and certificates or other evidence of such self-insurance in lieu of insurance issued by insurance companies. 5. Independent Contractor It is expressly agreed that the Contractor status hereunder is that of an independent contractor. Neither the Contractor, nor any person hired by the Contractor shall be considered employees of the County for any purpose. 6. Severability It is expressly agreed that if any term or provision of this Agreement, or the application thereof to any person or circum- stance, shall be held invalid or unenforceable to any extent, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be af- fected thereby, and every other term and provision of this Agreement shall be valid and shall be enforced to the fullest ex- tent permitted by law. 7. Merger; No Oral Changes It is expressly agreed that this Agreement represents the entire agreement ofthe parties, that all previous understandings are merged in this Agreement. No modification of this Agreement shall be valid unless written in the form of an Amendment and executed by both parties. . 8. Set-Off Rights The County shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the County's option to withhold, for the purposes of set-off, any moneys due to the Contractor under this contract up to any amounts due and owing to the County with regard to this contract and/or any other contract with any County de- partment or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the County for any other reason including, without limitation, tax delinquencies, fee delinquencies or mone- tary penalties relative thereto. The County shall exercise its set-off rights in accordance with normal County practices in- cluding, in cases of set-off pursuant to an audit, the finalization of such audit by the County agency, its representatives, or the County Comptroller, and only after legal consultation with the County Attorney. Law No. Rev. 02/08/07 STOP-DWI Municipal Enforcement IFMS No. SC PRO 0000000 9. Non-discrimi~ation in Employment and Affirmative Action The Contractor agrees in connection with the performance of this Agreement that the Contractor shall not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability, sexual orientation, military status or marital status, and will undertake or continue existing programs of affirmative action to ensure that women and minority group members are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termina- tion and rates of payor other forms of compensation. 10. Non-discrimination in Services During the performance of this Agreement: a. The Contractor shall not, on the grounds of race, creed, color, national origin, sex, age, disability, sexual orien- tation, military status or marital status: i. deny any individual any services or other benefits provided pursuant to this Agreement; or ii. provide any services or other benefits to an individual that are different, or are provided in a different manner, from those provided to others pursuant to this Agreement; or iii. subject an individual to segregation or separate treatment in any matter related to the individual's receipt of any service(s) or other benefits provided pursuant to this Agreement; or iv. restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiv- ing any services or other benefits provided pursuant to this Agreement; or v. treat an individual differently from others in determining whether or not the individual satisfies any eligi- bility or other requirements or condition which individuals must meet in order to receive any aid, care, ser- vice(s) or other benefits provided pursuant to this Agreement. b. The Contractor shall not utilize criteria or methods of administration which have the effect of subjecting indi- viduals to discrimination because of their race, creed, color, national origin, sex, age, disability, sexual orienta- tion, military status or marital status, or have the effect of defeating or substantially impairing accomplishment of the objectives of this Agreement in respect to individuals of a particular race, creed, color, national origin, sex, age, disability, sexual orientation, military status or marital status, in determining: i. the types of service(s) or other benefits to be provided, or ii. the class of individuals to whom, or the situations in which, such service(s) or other benefits will be provided; or iiL the class of individuals to be afforded an opportunity to receive services. 11. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without re- gard to conflict oflaws. Venues shall be designated in Suffolk County, New York or the United States District Court for the Eastern District of New York. 12. No Implied Waiver No waiver shall be inferred from any failure or forbearance of the County to enforce any provision of this Agreement in any particular instance or instances, but the same shall otherwise remain in full force and effect notwithstanding any such failure or forbearance. Law No. Rev. 02/08/07 STOP-DWI Municipal Enforcement IFMS No. SC PRO 0000000 13. Conflicts of Interest a. The Contractor agrees that it will not during the term of this Agreement engage in any activity that is contrary to and/or in conflict with the goals and purposes of the County. b. The Contractor is charged with the duty to disclose to the County the existence of any such adverse interests, whether existing or potential. This duty shall continue so long as the Contractor is retained on behalf of the County. The determination as to whether or when a conflict exists or may potentially exist shall ultimately be made by the County Attorney after full disclosure is obtained. 14. Cooperation on Claims Each of the parties hereto agrees to render diligently to the other party, without additional compensation, any and all cooperation, that may be required to defend the other party, its employees and designated representatives against any claim, demand or action that may be brought against the other party, its employees or designated representatives in con- nection with this Agreement. 15. Confidentiality Any records, reports or other documents of the County or any of its agencies used by Contractor pursuant to this Agreement or any documents created as a part of this Agreement shall remain the property of the County and shall be kept confidential in accordance with applicable laws, rules and regulations. 16. Assignment and Subcontracting a. The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Agreement, or any of its right, title or interest therein, or its power to execute the Agreement, or assign all or any portion of the monies that may be due or become due hereunder, to any other person or corporation, without the prior consent in writing of the County, and any attempt to do any of the foregoing without such consent shall be of no effect. b. The Contractor shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the County. Such subcontracts shall be subject to all of the provisions of this Agreement and to such other conditions and provisions as the County may deem necessary, provided, however, that notwithstanding the foregoing, unless otherwise provided in this Agreement, such prior written approval shall not be required for the purchase of articles, supplies, equipment and services which are incidental to, but necessary for, the performance of the work required under this Agreement. No approval by the County of any subcontract shall provide for the incurrence of any obligation by the County in addition to the total agreed upon price. The Contrac- tor shall be responsible for the performance of any subcontractor for the delivery of service. 17. No Intended Third Party Beneficiaries This Agreement is entered into solely for the benefit of County and Contractor. No third party shall be deemed a bene- ficiary of this Agreement, and no third party shall have the right to make any claim or assert any right under this Agreement. Law No. Rev. 02/08/07 STOP-DWI Municipal Enforcement IFMS No. SC PRO 0000000 18. Publications ~nd Publicity a. The Contractor shall not issue or publish any book, article, report or other publication related to the Services proded pursuant to this Agreement without fIrst obtaining written prior approval from the County. Any such printed matter or other publication shall contain the following statement in clear and legible print: "This publication is fully or partially funded by SUFFOLK COUNTY STOP-DWI." b. Furthermore, the STOP-DWI logo shall be prominently displayed on any publication, sign or other printed materials. c. The Department shall have the right of prior approval of press releases and any other information provided totheroo- dia, -in any form, concerning the Services provided pursuant to this Agreement. 19. Copyrights and Patents a. Copyrights If the work of the Contractor under this Agreement should result in the production of original books, manuals, fIlms or other materials for which a copyright may be granted, the Contractor may secure copyright protection. However, the County re- serves, and the Contractor hereby gives to the County, and to any other municipality or government agency or body desig- nated by the County, a royalty-free, nonexclusive license to produce, reproduce, publish, translate or otherwise use any such materials. b. Patents If the Contractor under this Agreement makes any discovery or invention in the course of or as a result of work performed under this Agreement, the Contractor may apply for and secure for itself patent protection. However, the County reserves, and the Contractor hereby gives to the County, and to any other municipality or government agency or body designated by the County, a royalty-free, nonexclusive license to produce or otherwise use any item so discovered or patented. 20. Service Records The contractor shall maintain, or cause to be maintained, service and time records for each service provided under this agreement, which will permit the reporting of the progress of each service on a monthly basis. Such reports shall be submit- ted on forms to be provided or approved by the county in accordance with the instructions therefore. Such reports shall be in the format attached as Exhibit F, but shall not necessarily be limited to the information specifIed. 21. County Supervision It is agreed that the nature and extent of the services provided pursuant to this agreement shall be subjectto the general su- pervision of the county's STOP-DWI Coordinator's Office. The Contractor further agrees to conduct the aforementioned program in a skillful manner to the best of its ability, and agrees to comply fully with the rules and regulations, criteria and guidelines for expenditure controls heretofore adopted or to be adopted by the County. End of Text for Exhibit A Law No. Rev. 02/08/07 STOP-DWI Municipal Enforcement IFMS No. SC PRO 0000000 Exhibit B Suffolk County Legislative Requirements 1. Contractor'sNendor's Public Disclosure Statement The Contractor represents and warrants that it has filed with the Comptroller of Suffolk County the verified public disclo- sure statement required by Suffolk County Administrative Code Article V, Section A5-7 and shall file an update of such statement with the said Comptroller on or before the 31 st day of January in each year of this Agreement's duration. The Contractor acknowledges that such filing is a material, contractual and statuto!)' duty and that the failure to file such state- ment shall constitute a material breach of this Agreement, for which the County shall be entitled, upon a determination that such breach has occurred, to damages, in addition to all other legal remedies, of fifteen percent (15%) of the amount of the Agreement. Required Form: Suffolk County Form SCEX 22; entitled "Contractor'sNendor's Public Disclosure Statement" 2. Living Wage Law This Agreement is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific exemp- tions apply all employers (as defined) under service contracts and recipients of County financial assistance, (as defmed) shall provide payment of a minimum wage to employees as set forth in the Living Wage Law. Such rate shall be adjusted armually pursuant to the terms of the Suffolk County Living Wage Law of the County of Suffolk. Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for violations of this Law. The Contractor represents and warrants that it has read and shall comply with the requirements of Suffolk County Code Chapter 347, Suffolk County Local Law No. 12-200], the Living Wage Law. Required Form: Suffolk County Living Wage Form L W-38; entitled "Suffolk County Department of Labor - Living Wage Unit, Living Wage Certification/Declaration - Subject To Audit" 3. Use of County Resources to Interfere with Collective Bargaining Activities Local Law No. 26-2003 The Contractor represents and warrants that it has read and is familiar with the requirements of Chapter 466, Article I 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 County funds to assist, promote, or deter union organizing. b. No County funds shall be used to reimburse the Contractor for any costs incurred to assist, promote, or deter union or- ganizing. c. The County of Suffolk shall not use County funds to assist, promote, or deter union organizing. d. No employer shall use County property to hold a meeting with employees or supervisors if the purpose of such meeting is to assist, promote, or deter union organizing. If Contractor services are performed on County property the Contractor must adopt a reasonable access agreement, a neu- trality agreement, fair communication agreement, non-intimidation agreement and a majority authorization card agreement. Law No. Rev. 02/08/07 STOP-DWI Municipal Enforcement IFMS No. SC PRO 0000000 If Contractor services are for the provision of human services and such services are notto be performed on County property, the Contractor'must adopt, at the least, a neutrality agreement. Under the provisions of Local Law No. 26-2003, the County shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for violations of this Law. Required Form: Suffolk County Labor Law Form DOL-LO I; entitled "Suffolk County Department of Labor _ Labor Mediation Unit Union Organizing CertificationlDeclaration - Subject to Audit" 4. Gratuities The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with re- spect to the performance of an agreement, and that the signer of this Agreement has read and is familiar with the provisions of Local Law No. 32-1980 of Suffolk County (Chapter 386 of the Suffolk County Code). 5. Prohibition Against Contracting with Corporations that Reincorporate Overseas The Contractorrepresents that it is in compliance with Suffolk County Administrative Code Article IV, ~~A4-13 and A4- 14, found in Suffolk County Local Law No. 20-2004, entitled "A Local Law To Amend Local Law No. 5-1993, To Prohibit The County of Suffolk From Contracting With Corporations That Reincorporate Overseas." Such law provides that no con- tract for consulting services or goods and services shall be awarded by the County to a business previously incorporated within the U.S.A. that has reincorporated outside the U.S.A. 6. Child Sexual Abuse Reporting Policy The Contractor agrees to comply with Chapter 577, Article IV, of the Suffolk County Code, entitled "Child Sexual Abuse Reporting Policy", as now in effect or amended hereafter or of any other Suffolk County Loca1 Law that may become appli- cable during the term of this Agreement with regard to child sexual abuse reporting policy. 7. Non Responsible Bidder The Contractor represents and warrants that it has read and is familiar with the provisions of Suffolk County Code Chapter 143, Article II, ~~ 143-5 through 143-9. Upon signing this Agreement the Contractor certifies that he, she, it, or they have not been convicted of a criminal offense within the last ten (10) years. The term "conviction" shall mean a finding of guilty after a trial or a plea of guilty to an offense covered under the provision of Section 143-5 of the Suffolk County Code under "Nonresponsible Bidder." 8. Use of Funds in Prosecution of Civil Actions Prohibited Pursuant to the Suffolk County Code Section ~590-3, the Contractor represents that it shall not use any of the moneys re- ceived under this Agreement, either directly or indirectly, in connection with the prosecution of any civil action against the County of Suffolk or any of its programs, funded by the County, in part or in whole, in any jurisdiction or any judicial or administrative forum. Law No. Rev. 02/08/07 STOP-DWI Municipal Enforcement IFMS No. SC PRO 0000000 9. Certification ~s to Relationships Pursuant to the Suffolk County Code Chapter 143, Article II, and Suffolk County Code!i I 43-6(B) specifically, the parties to this Agreement hereby certifY that, other than the funds provided in this Agreement and other valid Agreements with the County, there is no known relationship within the third degree of consanguinity, life partner, or business, commercial, eco- nomic, or financial relationship between the parties, the signatories to this Agreement, and any partners, members, directors, or shareholders of five percent (5%) (or more) of any party to this Agreement. 10. Lawful Hiring of Employees Law This Agreement is subjectto the Lawful Hiring of Employees Law of the County of Suffolk (Local Law 52-2006). It pro- vides that all covered employers, (as defined), and the owners thereof, as the case may be, that are recipients of compensa- tion from the County through any grant, loan, subsidy, funding, appropriation, payment, tax incentive, contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or an awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit a completed sworn affidavit (under penalty of perjury), the fonn of which is attached, certifYing that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respectto the hiring of covered employees (as defined) and with re- spect to the alien and nationality status of the owners thereof. The affidavit shall be executed by an authorized representa- tive of the covered employer or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement with the County; and shall be made available to the public upon request. All contractors and subcontractors (as defined) of covered employers, and the owners thereof, as the case may be, that are assigned to perform work in connection with a County contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit to the covered employer a completed swom affidavit (under penalty of perjury), the form of which is attached, certifYing that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees and with respect to the alien and nation- ality status of the owners thereof, as the case may be. The affidavit shall be executed by an authorized representative of the contractor, subcontractor, or owner, as the case may be; shall be part of any executed contract, subcontract, license agree- ment, lease or other financial compensation agreement between the covered employer and the County; and shall be made available to the public upon request. An updated affidavit shall be submitted by each such employer, owner, contractor and subcontractor no later than January ] of each year for the duration of any contract and upon the renewal or amendment of the contract, and whenever a new con- tractor or subcontractor is hired under the terms of the contract. The Contractor acknowledges that such filings are a material, contractual and statutory duty and that the failure to file any such statement shall constitute a material breach of this agreement. Under the provisions of the Lawful Hiring of Employees Law, the County shall have the authority to tenninate this Agree- ment for violations of this Law and to seek other remedies available under the law. The Contractor represents and warrants that it has read, is in compliance with, and shall comply with the requirements of Suffolk County Code Chapter 234, Suffolk County Local Law No. 52-2006, the Lawful Hiring of Employees Law. Required Forms: "Suffolk County Department of Labor - Notice Of Application To CertifY Compliance With Federal Law (8 U.S.C. SECTION 1324A) With Respect To Lawful Hiring of Employees" and "Affidavit Of Compliance With The Requirements Of8 U.S.C. Section 1324a With Respect To Lawful Hiring Of Employees" Law No. Rev. 02/08/07 STOP-DWI Municipal Enforcement IFMS No. SC PRO 0000000 11. Suffolk County Local Laws Suffolk County Local Laws, Rules and Regulations can be found on the Suffolk County web site at www.suffolkcountyny.gov.Click on "Laws of Suffolk County" under "Suffolk County Links". End of Textfor Exhibit B Law No. Rev. 02108/07 STOP-DWI Municipal Enforcement IFMS No. SC PRO 0000000 Exhibit C Notices and Contact Persons 1. Notices Relating to Payments, Reports, Insurance, or Other Submissions Any communication, notice, claim for payment, report, insurance, or other submission necessary or required to be made by the parties regarding this Agreement shall be in writing and shall be given to the County or the Contractor or their desig- nated representative at the following addresses or at such other address that may be specified in writing by the parties and must be delivered as follows: For the Department: By Regular Mail Qr Nationally Recognized Courier Maria Perez-Lent, STOP-OWl Coordinator H. Lee Dennison Bldg., 11 th FIr 100 Veterans Memorial Hwy P.O. Box 6100 Hauppauge, NY 11788 For the Contractor: By Regular Mail or Nationally Recognized Courier At the address set forth on page one of this Agreement, attention of the person who executed this Agreement or such other designee as the parties may agree in writing. 2. Notices Relating to Termination and/or Litigation In the event the Contractor receives a notice or claim or becomes a party (plaintiff, petitioner, defendant, respondent, third party complainant, third party defendant) to a lawsuit or any legal proceeding related to this Agreement, the Contractor shall immediately deliver to the County Attorney, at the address set forth below, copies of all papers filed by or against the Con- tractor. Any communication or notice regarding termination shall be in writing and shall be given to the County or the Contractor or their designated representative at the following addresses or at such other addresses that may be specified in writing by the parties and must be delivered as follows: For the County: By Regular and Certified Mail in Postpaid Envelope or by Nationally Recognized Courier Service Maria Perez-Lent, STOP-OWl Coordinator H. Lee Dennison Bldg., 11 th Flr 100 Veterans Memorial Hwy P.O. Box 6100 Hauppauge, NY 11788 and Law No. Rev. 02/08/07 STOP-DWI Municipal Enforcement IFMS No. SC PRO 0000000 Christine Malafi, County Attorney Suffolk County Department of Law H. Lee Dennison Building 100 Veterans Memorial Highway Hauppauge, New York 11788 For Contractor: By Regular and Certified Mail in Postpaid Envelope or by Nationally Recognized Courier Service At the address set forth on page one of this Agreement, attention to the person who executed this Agreement or such other designee as the parties may agree in writing. 3. Notices sent shall be deemed delivered on the date they are mailed or deposited with a nationally recognized overnight courier service. 4. Each party shall give prompt written notice to the other party of the appointment of successor(s) to the designated contact person(s) or his or her designated successorCs). End of Text for Exhibit C Law No. Rev. 02/08/07 STOP-DWI Municipal Enforcement IFMS No. SC PRO 0000000 Exhibit D Description of Services Workplan 1 Budget Workplan: The primary goal of this project is the suppression of drunk driving through intensified police patrols to identity vehicle and traffic violations related to drunk driving. This will result in an increased number of arrests for driving while intoxicated and a reduction of alcohol related crashes and fatalities. Funding will be used by this agency to schedule police officers for overtime to patrol duties exclusively to identity and arrest the intoxicated driver, as well as related training and warrant enforcement. The hours of enforcement shall include times and days which have historically reflected high incidences of drunk driving, alcohol related crashes and fatalities. Scheduling may be organized due to seasonal traffic considerations and other activities related to incidences of drinking and driving. Scheduling of personnel will be dependent upon availability of staff. Budget: ITEMIZED EXPENDITURE CATEGORIES Personnel Services - Salaries: Fringe Benefits: $19,000.00 (Overtime) $0,000.00 (Police Officer(s) at various rates established by public employees' contracts) Total of Personnel Services: $19,000.00 Total of All Services: $19,000.00 The total amount of this contract is to be expended on or prior to 12/31/07 in accordance with this Work Plan or any ap- proved revisions/modifications to the Work Plan and/or Budget as provided by the contract between the County and the Contractor. All other costs related to administration, staff support and related operational equipment are in-kind contributed by the Contractor. The Contractor will be responsible for issuing timely reports in oral presentations and in writing on the status of pending and proposed activities, as may reasonably be requested by the Department. Depending upon the nature of the services provided UD- der this Agreement, the parties may meet from time to time; the meeting time, place and attendees shall be as mutually agreed upon by the parties. All written reports will also be made available to the County in electronic format. -- END OF EXHIBIT D --- Law No. Rev. 02/08/07 STOP-DWI Municipal Enforcement IFMS No. SC PRO 0000000 Exhibit E Payment Terms 1. General Payment Terms a. The Contractor shall prepare and present a claim form supplied by the County and approved for payment by the County ("Suffolk County Payment Voucher"). Payment by the County will be made within thirty (30) days after approval by the Comptroller of the County of Suffolk. b. The Contractor agrees that it shall be entitled to no more than the fees set forth in this Exhibit E for the completion of all work, labor and services contemplated in this Agreement. c. The charges payable to Contractor under this Agreement are exclusive offederal, state and local taxes, the County being a municipality exempt from payment of such taxes. d. The acceptance by the Contractor of full payment of all billings made on the final approved Suffolk County Pay- ment Voucher under this Agreement shall operate as and shall be a release to the County from all claims and liabil- ity to the Contractor, its successors, legal representatives and assigns, for services rendered under this Agreement. 2. Agreement Subject to Appropriation of Fnnds / Contingency This Agreement is subject to the amount of funds appropriated and any subsequent modifications thereof by the Suffolk County Legislature. This Agreement is further subject to and contingent upon the County of Suffolk's continuance as a par- ticipatingCounty in the New York State STOP-DWl Program as provided by Section 1197 of the Vehicle and Traffic Law and upon approval of the County's STOP-DWI Plan for the County Operating Budget year referred to on the first page of this Agreement by the Commissioner of Motor Vehicles of the State of New York. No liability shall be incurred by the County under this Agreement beyond the amount of funds appropriated by the Legisla- ture for the Services covered by this Agreement. 3. Financial Statements and Audit Requirements a. Notwithstanding any other reporting or certification requirements of Federal, State or local authorities, the Contrac- tor shall obtain the services of an independent licensed public accountant or certified public accountant (the "Audi- tor") to audit its financial 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 fmancial condition and operations of the Contractor, including a balance sheet and statement of in- come and expenses, attested by the Auditor as fairly and accurately reflecting the accounting records of the Con- tractor in accordance with generally accepted accounting principles. The Contractor is encouraged to solicit re- quests for proposals (RFPs) from a number of qualified accounting firms and to review carefully the costs of, and qualifications for, this type of work before selecting the Auditor. b. The Auditor should be required to meet the following minimum requirements: i. a current license issued by the New York State Education Department; ii. sufficient auditing experience in the nonprofit, governmental or profit-making areas, as applicable; and iii. a satisfactory peer review issued within not more than three years prior to the date when the Auditor was selected to conduct the audit. Law No. Rev. 02108/07 STOP-DWI Municipal Enforcement IFMS No. SC PRO 0000000 c. The audit must be conducted in accordance with generally accepted governmental auditing standards (GAGAS). Financial statements must clearly differentiate between County-funded programs and other programs that the Con- tractor 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 unit of local government and expends $500,000 or more of Federal monies, whether as a recipient expending awards received directly from Federal awarding agen- cies, or as a subrecipient expending Federal awards received from a pass-through entity, such as New York State or Suffolk County, 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 Report") must be, in accordance with OMB Circular No. A-133 (revised June 27,2003). Single Audit 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 writing, certified by its chief financial officer, which states the amount of Federal funding expended by the Contractor during such fiscal year. The Contractor must mail or deliver the cer- tified statement to the Department and to Executive Director of Auditing Services, Suffolk County Department of Audit and Control, H. Lee Dennison Building, 100 Veterans Memorial Highway, P. O. Box 6100, Hauppauge, New York I 1788-0099, as soon as possible after the end of the Contractor's fiscal year. The statement should in- clude ALL Federal funding received directly from the Federal government and ALL Federal funds passed through from the County and other pass-through entities. f. Copies of all financial statements, management letters, Single Audit Reports (if applicable) and other audit reports, ifrequired, 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 end of the Contractor's fiscal period to which the audit relates. g. These requirements do not preclude the Department or the Suffolk County Comptroller or their authorized repre- sentatives 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 of the foregoing subparagraphs (a) through (g) of this paragraph shall survive the expiration or termination of this Agreement. End of Text for Exhibit E Law No. Rev. 02/08/07 STOP-DWI Municipal Enforcement IFMS No. SC PRO 0000000 EXHIBIT F SUFFOLK COUNTY STOP.DWI REPORTING FORMS EXHIBIT F consists of a total four pages, this page and four one page fOnDs. Suffolk County STOP-DWI Claim Payroll Register Month of , 20_ Personal Services - Page 1 Voucher #: Claiming Agency: Instructions: Use this form to detail all Salary/Wage Expenses for your project, for the period claimed. Submit this form together with a Standard Suffolk County Voucher to insure prompt processing. Check Date Number Payee Job Title Service Period Amount CERTIFICATION: I certifY that the above information is just, true and correct; that no part thereof has been previously reported, and that such expenditures are proper and necessary. Project Director or Fiscal Officer: Date: _/----.!_ Signature and Title Note: This register is NOT sufficient verification to support your claims. YOU MUST send additional verifYing material such as time cards, check stubs, etc. You must maintain such documents on file as well to support interim or post-audit of project expenses. Use Page 2 of this form to record fringe benefit and Consultant costs for this project only if they are part of your contract budget. Suffolk County STOP-DWI Claim Payroll Register Month of , 20_ Personal Services - Page 2 Voucher #: Claiming Agency: Instructions: Use this form to detail all Fringe Benefit Expenses for your project, for the period claimed. Submit this form together with a Standard Suffolk County Voucher to insure prompt processing. Fringe Benefit Expenses must be part of your original contract to be considered valid expenses. Check Date Number Pavee Job Title Service Period Amount . CERTIFICATION: I certify that the above infonnation is just, true and correct; that no part thereof has been previously reported, and that such expenditures are proper and necessary. Project Director or Fiscal Officer: Date: I I --- Signature and Title Note: This register is NOT sufficient verification to support your claims. YOU MUST send additional verifying material such as time cards, check stubs, etc. You must maintain such documents on file as well to support interim or post-audit of project expenses. Use Page I of this form to record SalarylWage costs for this project. Monthly Expenditure Report Program Title: To: Suffolk County STOP-DWI Program From: Contract Period: From: To: Total Ex ended to Date Balance Remainin PERSONAL SERVICES SUBTOTAL $ $ $ $ $ $ $ $ $ $ $ $ WAGES/SALARIES FRINGE BENEFITS OTHER THAN PERSONAL SERVICES TRAVEL $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ SUPPLIES/MA TERIALS EQUIPMENT PURCHASE ALL OTHER COSTS SUB TOTAL TOTAL PROJECT COSTS CERTIFICATION: I certifY that the above information is a complete, accurate, and up-to-date portrayal of actual necessary expenditures made for my project during the time period indicated. Project Director or Fiscal Officer: Signature and Title Date: / / --- INSTRUCTIONS: The Project Director or Project Fiscal Officer must submit a Monthly Expenditure Report to the STOP-DWI Coordinator within ten days afier the close of each month. Such report, when submitted in conjunction with "Standard Vouchers", will help monitor overall project progress, ensure proper cash flow to maintain the project, and help you plan and control expenditures for the duration of the project. All expenditures submitted should reflect only those incurred for the montltly period submitted. BUDGET AMMENDMENTS: You may not exceed the Total Project Budgeted Amount or Project Budget Category Amounts without written approval, as per conditions of the contract. Expenditures may be disallowed if they exceed lintitations without prior written approval from the County. Suffolk County STOP-DWI Monthly Arrest Report Reporting Agency: Month: Year: Total # of oersons charl!ed with 1192 Violations: Males Females Total 1192 Violations bv al!e l!rOUDS: Under 18 18 19 20 21-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70 & Over Total # of chames for: 1192.1 1192.2 1192.2 & 3 1192.3 1192.4 IQ!!lli. Total 1192 Violations bv Dav of Week Sunday Monday Tuesday Wednesday Tbursday Friday Saturday Total 1192 Violations bv B.A.C. # ofrefusals # of "results unavail." Total 1192 Violations bv time intervals: 6:01am to 6:00 pm 6:01pm to 9:00 pm 9:01 pm to 12:00 am 12:01 am to 3:00 am 3:01 am to 6:00 am .05 .18 .06 .19 .07 .20 .08 .21 .09 .22 .10 .23 .11 .24 .12 .25 .13 .26 .14 .27 .15 .28 .16 .29 .17 .30 or greater Law No. Rev. 02/08/07 STOP-OWl Municipal Enforcement IFMS No. SC PRO 0000000 Exhibit G Suffolk County Legislative Requirements Exhibit for Contracts This exhibit is attached to and is made part of the contract executed with the County. I Suffolk County Living Wage Requirements Suffolk County Department of Labor - Living Wage Unit Certification/Declaration - Subject to Audit Form L W. 38 (consists of I page) II Contractor'sNendor's Public Disclosure Statement Form SCEX 22; rev. 3/30/04 (form consists ofthree 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 LOI (consists of2 pages) IV Lawful Hiring Compliance Requirements Notice of Application to CertifY Compliance with Federal Law (8 U.S.c. Section] 324A) with Respect to Lawful Hiring of Employees (consists of I page) Affidavit of Compliance with the Requirements of(8 U.S.C. Section 1324A) with Respect to Lawful Hiring of Employees (consists of I page) Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor on 5/20/05 ., 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 compensation 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 compensations, (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. Forms for Completion and/or Signature (as applicable) . Suffolk County Department of Labor - Living Wage Unit Notice of Application for County Compensation (Contract) Form LW-1 (consists of 1 page) · Suffolk County Department of Labor - Living Wage Unit . CertificationlDeclaration - Subject to Audit Form LW-38 (consists of 1 page) (Replaces LW2, LW3 and LW33) . Suffolk County Department of Labor - Living Wage Unit Request for General Living Wage Exemption Form LW4 (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 5/20/05 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 pe~ury) 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.nv.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 5/20/05 2 of 2 pages SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT UVING WAGE CERTIFICATlONIDECLARATlON - SUBJECT TO AUDIT If either of the following definitions of 'compensation' (Living Wage Law Chapter 347 _ 2) applies to the contractor's/recipient's business or transao,pon with Suffolk County, the contractor/recipient must complete Sections 1,3,4 below; and Form LW-I (Notice of Application for County Compensation). If the following definitions do not apply, the contractor/recipient must complete Sections 2, 3 and 4 below. Completed forms must he submitted to the awarding 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 an employer of at least ten (10) employees by or through the authority or approval of the County of Suffolk," or "Any service contract or subcontract let to a contractor with ten (10) or more employees by the County of Suffolk for the furnishing of services to or for the County of Suffolk (except contracts where services are incidental to the delivery of products, equipment or commodities) which involve an expenditure equal to or greater than $10,000. For the purposes of this definition, the amount of expenditure for more than one contract for the same service shall be aggregated. A contract for the purchase or lease of goods, products, equipment, supplies or other property is not 'compensation' for the purposes of this definition." Section I Description of project or service: Section IV I declare under penalty of perjury under and that the above is true and c .~ D Check if app]icable Section II o Check if applicable Section III Contractor Name: Contractor Address: Contractor Phone #: The Living Wage Law applies to this contract. I1we hereby agree to comply with all the provisions of Suffolk County Local Law No. 12-2001, the Suffolk County Living Wage Law (the Law) and, as such, will provide to all full, part-time or temporary employed persons who perform work or render services on or for a project, matter, contract or subcontract wbere this company has received compensation, from the County of Suffolk as defined in the Law (compensation) a wage rate of no less than S9.64 (S8.50 for child care providers) per hour worked with health benefits, as described in the Law, or otherwise S10.98 ($9.75 for child care providers) per hour or the rates as may be adjusted annually in accordance with the Law. (Chapter 347-3 B) I1we further agree that any tenant or leaseholder of this company that employs at least ten (10) persons and occupies property or uses equipment or property that is improved or developed as a result of compensation or any contractor or subcontractor of this company tbat employs at least ten (10) persons in producing or providing goods or services to this company that are used in the project or matter for which this company has received compensation shall comply with all the provisions of the Law, including those specified above. (Chapter 347-2) I1we further agree to permit access to work sites and relevant payroll records by authorized County representatives for the purpose of monitoring compliance with regulations under this Chapter of the Suffolk County Code, investigating employee complaints of noncompliance and evaluating the operation and effects of this Chapter, including the production for inspection & copying of payroll records for any or all employees for the term of the contract or for five (5) years, whichever period of compliance is longer. All payroll and benefit records required by the County will be maintained for inspection for a similar period oftime. (Chapter 347-7 D) The County Department of Labor shall review the records of any Covered Emp]oyer at least once every three years to verity compliance with the provisions of the Law. (Chapter 347-4 C) The Living Wage Law does not apply to this contract for the following reason(s): Town of Southold Federal Emp]oyer ID#: 116001939 $19,000.00 53095 Route 25 - POR 1179 Southold, NY 11 971 Amount of compensation: Vendor #: (631) 76'5--2600 STOP DWI the State of Ne",york that the undersigned is authorized to provide this certification, a!A/P'f} Date v , ~ Authorized Signature Carlisle E. Cochran, Jr., Chief of Print Name and Title of Authorized Representative Police LW 38 (revised 7-05, replaces forms LW2, LW3, and LW33) II Contractor'sNendor's Public Disclosure Statement Documents 1 Suffolk County Form 22 Contractor'sNendor's Public Disclosure Statement Pursuant to Section A5-7 of the Suffolk County Administrative Code, this Public Disclosure Statement must be completed by all contractors/vendors that have a contract with Suffolk County. In the event contractor/vendor is exempt from completing paragraphs numbered I through ]] below, so indicate at paragraph number 12 below setting forth the reason for such exemption. Notwithstanding such exempt status, you must execute this form below before a notary public. 1. Contractor'sNendor's Name Town of Southolcl Address 53095 Route 25 - POB 1179 City and State Southold, NY Zip Code 11971 2. Contracting Department's Name Southold Town Police Department Address 41405 Route 25, POB 911, Peconic, NY 11958 3. Payee Identification or Social Security No. 4. Type of Business_Corporation Jartnership _Sole Proprietorship_Other 5.a Is contractor/vendor entering into or has contractor/vendor entered into a contract with Suffolk County in excess of$I,OOO? _Yes_No. 5.b Has contractor/vendor entered into three or more contracts, including the one for which you are now completing this form, with Suffolk County, any three of which, when combined, exceed $1,000? _Yes_No. 6. Table of Organization. List names and addresses of all principals; that is, all individuals serving on the Board of Directors or comparable body, names and addresses of all partners, and names and addresses of all corporate officers. Conspicuously identify any person in this table of organization who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary.) 7. List all names and addresses of those individual shareholders holding more than five percent (5%) interest in the contractor/vendor. Conspicuously identify any shareholder who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary). 8. Does contractor/vendor derive 50% or more of its total revenues from its contractual or vendor relationship with Suffolk County? _Yes_No. 9. If you answered yes to 8 above, you must submit with this disclosure statement, a complete financial statement listing all assets and liabilities as well as a profit and loss statement. These statements must be certified by a Certified Public Ac (Strike this out if not applicable.) 10. The undersigned shal] include this Contractor'sNendor's Public Disclosure Statement with the contract. (Describe general nature of the contract.) Page 1 of 3 Public Disclosure Form 11. Remedies. The failure to file a verified public disclosure statement as required under local law shall constitute a material breach of contract. Suffolk County may resort, use or employ any remedies contained in Article II of the Uniform Commercial Code of the State of New York. In addition to all legal remedies, Suffolk County shall be entitled, upon a determination that a breach has occurred, to damages equal to fifteen percent (J 5%) 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 II herein: a) Hospital xx b) Educational or governmental entities _ c) Not-for-profit corporations _ d) Contracts providing for foster care, family day-care providers or child protective services Please check to the left side of the appropriate exemption. 13. Verification. This section must be signed by an officer or principal of the contractor/vendor authorized to sign for the company for the purpose of executing contracts. The undersigned being sworn, affirms under the penalties of perjury, that he/she has read and understood the foregoing statements and that they are, to his/her own knowledge, true. Dated: ,,-,If,) b '> Signed: ~~ PrintedNameofSiiner: Carl~e E. Cochran, Jr. Title of Signer: Chief of Police Name ofContractorNendor: Southold Town Police Department UNIFORM CERTIFICATE OF ACKNOWLEDGMENT (Within New York State) STATE OF NEW YORK) COUNTY OF Suffolk) sS.: On the _ day of February in the year 2007 before me, the undersigned, personally appeared Carlisle E. Cochran, Jr. , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheir capacity(ies) and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (signature and office of individual taking acknowledgement) Page 2 of 3 Public Disclosure Form ;; UNIFORM CERTIFICATE OF ACKNOWLEDGEMENT (Without New York State) STATE OF ) )ss.: ) COUNTY OF On the day of in the year 2007 before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual(s) made such appearance before the undersigned in (Insert the city or other political subdivision and the state or country or other place the acknowledgement was taken) (signature and office of individual taking acknowledgement) Contractor'sNendor's Public Disclosure Statement Form (Rev. 3/04) Page 3 of 3 Public Disclosure Form C:\Misc\SuffCo Exbibit Pub Disc FormSOP 06.doc Suffolk County, New York Deparbnent of Labor ,;. SlWFOLK COUNTY DEPARTMENT OF LABOR - LABOR MEDIA nON UNIT UNION ORGANIZING CERnFlCAnONIDECLARA nON - SUBJECT TO AUDIT If the following definition of "County Contractor" (Union Organizing Law Chapter 466~2) applies to the contractor'slbeneficiary's business or transaction with Suffolk County, the contractorlbeneficiary must complete Sections I, ill, and IV below. If the following definitions do not apply, the contractorlbeneficiary must complete Sections n, III and IV below. Completed forms must be submitted to tbe awarding agency. County Contractor: "Any employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a written contract with the County of Suffolk or any of its agencies; pursuant to a Suffolk County grant; pursuant to a Suffolk County program; pursuant to a Suffolk County reimbursement for services provided in any calendar year; or pursuant to a subcontract with any of the above," Section I The Union Organizing Law applies to this contract. Uwe hereby agree to comply with all the provisions of Suffolk Couoty Local Law No. 26-2003, the Suffolk County Union Organizing Law (the law) and, as such shall not use County funds to assist, promote, or deter union organizing (Chapter 466.3 A), nor seek reimbursement from the County for costs incurred to assist, promote, or deter union organizing. (Chapter 466-3 B) Check if Applicable I/we further agree to take all action necessary to ensure that County funds are not used to assist, promote, or deter union organizing. (Chapter 466-3 H) D I/we further agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are made, Uwe shall maintain records sufficient to show that no County funds were used for those expenditures and, as applicable, that no reimbursement from County funds bas been sought for such costs. I/we agree that such records shall be made available to the pertinent County agency or authority, the County Comptroller, or the County Depar1ment of Law upon request. (Chapter 466--3 I) I/we further affinn to the following: . I/we will not express to employees any false or misleading information that is intended to influence the determination of employee preferences regarding union representation; . I/we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining representative; . I/we will not require an employee, individually or in a group, to attend a meeting or an event that is intended to influence his or her decision in selecting or not selecting a bargaining representative; . I/we understand my/our obligation 10 limit disruptions caused by prerecognition labor disputes through the adoption of nonconfrontational procedures for the resolution of prerecognition labor disputes with employees engaged in the production of goods or the rendering of services for the County; and . I/we have or will adopt any or all of the above.referenced procedures, or their functional equivalent, to ensure the efficient, timely, and quality provision of goods and services to the County. I/we shall include a list of said procedures in such certification. I/we further agree that every County contract for the provision of services, when such services will be performed on County property, shall include a requirement that l/we adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, no intimidation agreement, and a majority authorization card agreement I1we further agree that every County contract for the provision of human services, when such services are not to be performed on County property, shall include a requirement that I/we adopt, at the least, a neutrality agreement Vwe understand that the efficient, timely, and nondisruptive provision of goods and services is a paramount fInancial interest of the County of Suffolk and as such, the County expects the potential County contractor to protect the County's fmancial 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. Section II The Union Organizing Law does not apply to this contract for the following reason(s): 0" Check if Applicable Section III Contractor Name: Town of Southold Federal Employer ID#: 116001939 Contractor Address: 53095 Route 25 - POB 1179 Southold, NY 11971 Amount of Assistance: $19,000.00 Vendor #: Contractor Phone #: (631) 765-2600 Description of project or service: STOP IlWI Section IV I declare under penalty of peJjury under the Laws certification, and that the ab ect. te of New York that the undersigned is authorized to provide this, (}//) $) . , , Date Carlisle E. Cochran, Jr., Chief of Police Print Name and Title of Authorized Representative ;; IV Lawful Hiring Compliance Requirements SUFFOLK COUNTY DEPARTMENT OF LABOR NOTICE OF APPLICATION TO CERTIFY COMPLIANCE WITH FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH RESPECT TO LAWFUL HlRING OF EMPLOYEES Suffolk County Code, Chapter 234 (2006) To Be Completed By Applicant! Covered EmployerllOwner , EMPLOYERlCORP./BUSINESS/COMPANY NAME: I) ADDRESS: 2) NOT-FOR-PROFlT: 3) VENDOR #: (If known) 5) CONTACT: YES_ NO_ (SUBMIT CERTIFICATE OF INCORPORATION) 4) CONTRACT ID: (If known) 6) TELEPHONE #: 7) TERM OF CONTRACT OR EXTENSION (pROVIDE DATES): 8) BRIEF DESCRIPTION OF COMPENSATION, PROJECT OR SERVICE SUBCONTRACTOR: I) ADDRESS: 2) VENDOR#: 4) CONTACT: 5) DESCRIPTION OF COMPENSATION, PROJECT OR SERVICE 3) TELEPHONE #: EVIDENCE OF COMPLIANCE: COPIES OF THE FOLLOWING MUST BE MAINTAINED BY COVERED EMPLOYERS OR THE OWNERS THEREOF FOR EACH EMPLOYEE FOR THE TIME PERIODS SET FORTH IN SUFFOLK COUNTY CODE SECTION ( ): A. United States passport; or B. resident alien card or alien registration card; or C. birth certificate indicating that person was born in the United States; or D. (I) a driver's license, if it contains a photograph of the individual; and (2)a social security account number card (other than such a card which specifies on its face that the issuance of the card does not authorize employment in the United States); or E. employment authorization documents such as an H-IB visa, H-2B visa, and L-I visa, or other work visa as may be authorized by the United States Government at the time the County contract is awarded for all covered employees. LHE-I ( 01/07) , AFFIDA VID OF COMPLIANCE WITH THE REQillREMENTS OF 8 D.S.C. SECTION 13248 WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES State of New York ) ss: County of ) (Print Name of Deponent) , being duly sworn, deposed and says: 1. I am owner/authorized representative of (Name of Corp., Business, Company) 2. I certify that I have complied, in good faith, with the requirements of Title 8 of the United States Code (D.S.C.) section 1324a (Aliens and Nationality) with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as set forth in Suffolk County Code Chapter 234 (2006). (Signature of Deponent) Sworn to before me this _ day of ,20 (Notary Public) LHE-2 (01107) SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT NOTICE OF APPLICATION FOR COUNTY ASSISTANCE(Contract) Living Wage Law, Suffolk County Code, Chapter 347 (2001) To Be Completed By Applicant! Em loyer/Contractor 1) NAME: Southold Town Police Department 2) VENDOR #: 11-6001939 3) CONTRACT ID #: (If known) (Irknown) 4) CONTACT: Carlisle E.Cochran, Jr. 5) TELEPHONE #: (631) 765-2600 Chief of Police 6) ADDRESS: 4]405 Route 25 - P.O. Box 911 Peconic, NY 11958 7) TERM OF CONTRACT (DATES): 1/1/07 to 12/31/07 8) PROJECT NAME: (IF DIFFERENT FROM #1) STOP-DWI 9) AMOUNT: $19,000.00 10) AWARDING AGENCY: Suffolk County STOP-DWI ll) BRIEF DESCRIPTION OF PROJECT OR SERVICE: STOP-DWI Enforcement 12) PROJECTED EMPLOYMENT NEEDS: (attach a statement listing, by job classification, the total workforce dedicated to performing this contract or service, including calculation of estimated net increase or decrease in jobs as a result of funding). 13) PROJECTED WAGE LEVELS: (attach a statement listing projected wage levels, compensated days off and medical benefits for total workforce dedicated to fulfilling the terms of this contract, broken down annually for each year ofthe term ofthe contract). L W -I (revised 4/04) POLICE DEPAQTMENT TOWN Of 8OUTIIOLD Telephone Emergency Dial 971 CARLISLE E. COCHRAN,]lt Chief of Police Suffolk County Department of Law Addendum to LW.] To comply with Sections 12 & 13 At this time Southold Town Police Department employs 49 full time police officers. The minimum hourly wage for a police officer is $19.29 per hour. In addition each officer receives full medical benefits with a minimum annual premium of$6,357.12, and a minimum of34 compensated days off. Compensated days off include holiday, vacation and personal days, sick time is not included in this total. While the total workforce may change it will not be as a result of this contract. No other personnel other than full time police officers will be used to comply with this contract. 41405 ROllte25. P.O. Box 911. Pecon;c, N.Y. 11958 Administraril'C (631) 765-2600/2601 . Fax (631) 765.2715