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HomeMy WebLinkAboutInteragency Agreement RESOLUTION 2007-555 ADOPTED DOC ill: 2973 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-555 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTH OLD TOWN BOARD ON JUNE 19,2007: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Interal!:encv Al!:reement with the County of Suffolk throul!:h its dulv constituted Department of Fire, Rescue and Emerl!:encv Services and the Town of Southold for the provision of an emergency generator for the Town of Southold at no cost to the Town, subject to the approval of the Town Attorney. ~Cl.Q---:l.I... Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Law No. Disaster Preparedness/Shelters - Use of County-Owned Generator for Residents of Southold Interagency Agreement Suffolk County Department of Fire, Rescue and Emergency Services and Town of Southold This Agreement (Agreement) is between the County of Suffolk (County), a municipal corporation of the State of New York, acting through its duly constituted Department of Fire, Rescue and Emergency Services ( "Department" and/or "FRES"), located at Yaphank Avenue, Yaphank, New York 11980, and the Town of Southold, a municipal corporation, having its principal office at 53095 Rt. 25, Southold, NY 11968. The parties hereto desire that the Contractor's services be made available to the County to help assure for disaster preparedness. The parties hereto agree that the Town of Southold shall be assigned, maintain, and agree to keep in good working condition a 25 kV/20 kW generator, owned by the County of Suffolk, in the event of a declared disaster or emergency, in order to provide temporary power to the residents of Southold. Term of Agreement: January 1, 2007 through May 31, 2011. Total Cost of Agreement: Shall be a no-cost agreement to FRES. Terms and Conditions: Shall be as set forth in Exhibit A entitled "Specific Terms and Conditions" and Exhibit B entitled "General Terms and Conditions" attached and incorporated herein. In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. Town of SouthO/j /J.A County of Suffolk By: ~ By: Name: Scott Russell Paul Sabatino II Title: Town Supervisor Chief Deputy County Executive Date G (~)IO'1 I Date: Reviewed and Approved: Approved: Department of Fire Rescue & Emergency Services By: By: Town Attorney Joseph F. Williams Commissioner Date: Date: Approved as to Legality: Christine Malafi, Suffolk County Attorney Recommended: By: By: Samantha McEachin Assistant County Attorney Belinda Pagdanganan Director of Emergency Management Date: Date: Page 1 of 4 Law No. Disaster Preparedness/Shelters - Use of County-Owned Generator for the Residents of Southold Exhibit A Specific Terms and Conditions 1. Performance Subject to Condition a. Pursuant to Article 2-B of the New York State Executive Law entitled Disaster Preparedness, the County, as the first line of defense in times of disaster has developed disaster preparedness programs and plans. b. "Disaster" means the occurrence or imminent threat of wide spread or severe damage, injury, or loss of life or property resulting from any natural or man-made causes, including, but not limited to, fire, flood, earthquake, hurricane, tornado, high water, landslide, mudslide, wind, storm, wave action, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, radiological accident, water contamination, bridge failure or bridge collapse; c. The County's disaster preparedness plans, organizational arrangements, and response capability must at all times be the most effective that current circumstances and existing resources allow. The purpose of such pians shall be to minimize the effect of disasters by (i) identifying appropriate local measures to prevent and mitigate disasters, (ii) developing mechanisms to coordinate the use of local resources and manpower for service prior to, during and after disasters and the delivery of services to aid citizens and reduce human suffering resulting from a disaster, and (iii) providing for recovery and redevelopment after disasters. In order to execute such plans during, or at imminent threat of disaster, the County must ensure that all resources necessary and required for such implementation are readily available to it. d. Performance of this Agreement is contingent on the occurrence of a disaster, as this term is defined herein and by New York State Executive Law Article 2-B. Such condition shall be deemed in effect immediately upon the declaration of a state of emergency by the Suffolk County Executive, or in the event of a vacancy in this office, by the Chief Deputy County Executive or the Deputy County Executive designated to perform the administrative duties of the County Executive during his temporary absence or disability. 2. Requirements Agreement The parties agree that this is a ReqUirements Agreement and: The FRES Commissioner is responsible for the coordination of emergency preparedness plans and the County's response to naturai or manmade disasters or emergencies; and FRES requires and needs to guarantee the services of the Town of Southold as contractor to provide, maintain, and repair as necessary, a 25 kVAl20 kW, # 2 diesel fuel powered, sound attenuated trailer- mounted generator, in the event of a declared disaster or emergency, to provide temporary power services to the residents of the Town of Southold; and This agreement is to assure that the County, as the first line of defense in the minimization of the adverse effects to the people and property of Suffolk County in the event of a declared state of emergency and in the recovery and redevelopment efforts following disasters, receives all the services Page 2 of 4 Law No. Disaster Preparedness/Shelters - Use of County-Owned Generator for the Residents of Southold described herein, to be made available by the Contractor to the County prior to the Contractor's provision of such services to other entities, so that the County may accomplish the foregoing. 3. Term and Termination: a. The term of this Agreement shall be as set forth on page one of this Agreement, unless sooner terminated as provided below. b. Performance of the Services as set forth in this agreement shall commence as of the date of a declared state of emergency set forth in Paragraph one above and a determination by the County that the services of the Contractor are necessary to execute the County's emergency preparedness plans. The parties acknowledge that there may be one or more declared states of emergency during the term of this agreement. c. This Agreement may be terminated in whole or in part in writing by the County in the event of failure by Contractor to fulfill any of the terms and conditions under this agreement. The County shall also have the right to terminate this Agreement at any time and for any reason deemed to be in its best interest. 4. Town of Southold Responsibilities: a. The Town of Southold will test said generator and conduct the maintenance on a regular basis in order to ensure generator is in good working condition and to provide continued temporary emergency power to a designated shelter in Southold in the event of the occurrence of a declared disaster or emergency, and for drills and exercises as mutually agreed upon; and any other facilities as mutually agreed upon by the parties. b. The Town of Southold shall make provisions to store and secure said generator at the ~(l'1eed complete address where generator will be stlill'edj c. The Town of Southold will pay for the usage of fuel required to power said generator. d. The Town of Southold will transport said generator from location designated in Paragraph 4, part C , to include initial delivery and warranty and repair work as needed, at no cost to Suffolk County. e. The Town of Southold shall pay for expenses incurred during the repair of the generator unit after expiration of the unit's warranty. f. The Town of Southold will keep and maintain all maintenance records and all records of any repair work performed with the said generator and send a copy to FRES. g. The Town of Southold will secure and maintain all related accessories, such as extension cords, that are assigned with the said generator unit. h. The Town of Southold understands that this equipment can be recalled at any time, as seen necessary by the County Executive, designee, Commissioner of Fire, Rescue and Emergency Services or designee. 5. FRES Responsibilities: a. FRES will coordinate the delivery of said generator and all related accessories with the Town of Southold. b. FRES will ensure said generator unit is fleeted and properly marked by the Suffolk County Department of Public Works prior to delivery to the Town of Southold. Page 3 of 4 Law No. Disaster Preparedness/Shelters - Use of County-Owned Generator for the Residents of Southold 6. Notices a. Notice of Declared State of Emergency While best efforts will be made by the County to provide written notice to the Contractor of a declaration of a state of emergency, the parties understand that the unpredictable nature of disasters may prevent such formal notification. In the event that such notification is not possible, notification by telephone or messenger or other reasonable means to the individual(s) listed below will serve as adequate notice. Mr. Scott Russell Town Supervisor Town of Southold PO Box 1179 Southold, NY 11971 b. All Other Notices All other notices shall be in writing and shall be given to the County as set forth in Exhibit B, entitled General Terms and Conditions. Notification to the Contractor shall be made to: Carlisle Cochran, Jr. Deputy Emergency Manager PO Box 1179 Southold, New York 11971 With an additional copy to: Mr. Scott Russell Town Supervisor Town of Southold PO Box 1179 Southold, New York 11971 c. Each party shall give prompt written notice to the other party of the appointment of successor(s) to the designated contact person(s) or his or her designated successor(s). End of text for Exhibit A Page 4 of 4 ~ . RESOLUTION 2007-555 ADOPTED DOC ill: 2973 Tms IS TO CERTIFY THAT THE FOLWWING RESOLUTION NO. 2007-555 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 19,2007: RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Suuervisor Scott A. Russell to execute an Interal!encY Al!reement with the County of Suffolk throul!h its duly constituted Deuartment of Fire. Rescue and Emerl!encY Services and the Town of Southold for the provision of an emergency generator for the Town of Southold at no cost to the Town, subject to the approval of the Town Attorney. /1I~~J1().-q,-;t,l~. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS} MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice A YES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Law No. Disaster Preparedness/Shelters - Use of County-Owned Generator for Residents of South old Interagency Agreement Suffolk County Department of Fire, Rescue and Emergency Services and Town of Southold This Agreement (Agreement) is between the County of Suffolk (County), a municipal corporation of the State of New York, acting through its duly constituted Department of Fire, Rescue and Emergency Services ( "Department" and/or "FRES"), located at Yaphank Avenue, Yaphank, New York 11980, and the Town of Southold, a municipal corporation, having its principal office at 53095 Rt. 25, Southold, NY 11968. The parties hereto desire that the Contractor's services be made available to the County to help assure for disaster preparedness. The parties hereto agree that the Town of Southold shall be assigned, maintain, and agree to keep in good working condition a 25 kV/20 kW generator, owned by the County of Suffolk, in the event of a declared disaster or emergency, in order to provide temporary power to the residents of Southold. Term of Agreement: January 1, 2007 through May 31,2011. Total Cost of Agreement: Shall be a no-cost agreement to FRES. Terms and Conditions: Shall be as set forth in Exhibit A entitled "Specific Terms and Conditions" and Exhibit B entitled "General Terms and Conditions" attached and incorporated herein. By: parties hereto have executed this Agreement as of the latest date written below. County of Suffolk In Witness Whereof, th Town of South old By: Name: Deputy County Executive Date: W-fl.'i-o 1 Date: Reviewed and Approved: Approved: Dept. of Fire, Rescue & Emergency Svcs. By: By: Name: Town Attorney Joseph F. Williams Commissioner Date: Date: Approved as to Legality: Christine Malafi, Suffolk County Attorney Recommended: By: By: Samantha McEachin Assistant County Attorney Edward Schneyer Director of Emergency Preparedness Date: Date: Page 1 of 7 Law No. Disaster Preparedness/Shelters - Use of County-Owned Generator for the Residents of Southold Exhibit A Specific Terms and Conditions 1. Performance Subject to Condition a. Pursuant to Article 2-8 of the New York State Executive Law entitled Disaster Preparedness, the County, as the first line of defense in times of disaster has developed disaster preparedness programs and plans. b. "Disaster" means the occurrence or imminent threat of wide spread or severe damage, injury, or loss of life or property resulting from any natural or man-made causes, including, but not limited to, fire, flood, earthquake. hurricane. tornado, high water, landslide, mudslide, wind, storm, wave action, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, radiological accident, water contamination, bridge failure or bridge collapse; c. The County's disaster preparedness plans, organizational arrangements, and response capability must at all times be the most effective that current circumstances and existing resources allow. The purpose of such plans shall be to minimize the effect of disasters by (i) identifying appropriate local measures to prevent and mitigate disasters, (ii) developing mechanisms to coordinate the use of local resources and manpower for service prior to, during and after disasters and the delivery of services to aid citizens and reduce human suffering resulting from a disaster, and (iii) providing for recovery and redevelopment after disasters. In order to execute such plans during, or at imminent threat of disaster, the County must ensure that all resources necessary and required for such implementation are readily available to it. d. Performance of this Agreement is contingent on the occurrence of a disaster, as this term is defined herein and by New York State Executive Law Article 2-8. Such condition shall be deemed in effect immediately upon the declaration of a state of emergency by the Suffolk County Executive, or in the event of a vacancy in this office, by the Chief Deputy County Executive or the Deputy County Executive designated to perform the administrative duties of the County Executive during his temporary absence or disability. 2. Requirements Agreement The parties agree that this is a Requirements Agreement and: The FRES Commissioner is responsible for the coordination of emergency preparedness plans and the County's response to natural or man made disasters or emergencies; and FRES requires and needs to guarantee the services of the Town of South old as contractor to provide, maintain, and repair as necessary, a 25 kVAJ20 kW, # 2 diesel fuel powered, sound attenuated trailer-mounted generator, in the event of a declared disaster or emergency, to provide temporary power services to the residents of the Town of Southold; and This agreement is to assure that the County, as the first line of defense in the minimization of the adverse effects to the people and property of Suffolk County in the event of a declared state of Page 2 of7 Law No. Disaster Preparedness/Shelters - Use of County-Owned Generator for the Residents of Southold emergency and in the recovery and redevelopment efforts following disasters, receives all the services described herein, to be made available by the Contractor to the County prior to the Contractor's provision of such services to other entities, so that the County may accomplish the foregoing. 3. Term and Termination: a. The term of this Agreement shall be as set forth on page one of this Agreement, unless sooner terminated as provided below. b. Performance of the Services as set forth in this agreement shall commence as of the date of a declared state of emergency set forth in Paragraph one above and a determination by the County that the services of the Contractor are necessary to execute the County's emergency preparedness plans. The parties acknowledge that there may be one or more declared states of emergency during the term of this agreement. c. This Agreement may be terminated in whole or in part in writing by the County in the event of failure by Contractor to fulfill any of the terms and conditions under this agreement. The County shall also have the right to terminate this Agreement at any time and for any reason deemed to be in its best interest. 4. Town of Southold Responsibilities: a. The Town of Southold will test said generator and conduct the maintenance on a regular basis in order to ensure generator is in good working condition and to provide continued temporary emergency power to a designated shelter in Southold in the event of the occurrence of a declared disaster or emergency, and for drills and exercises as mutually agreed upon; and any other facilities as mutually agreed upon by the parties. b. The Town of Southold shall make provisions to store and secure said generator at the Southold Town Police Station. 41405 Route 25 (Main Road) . peconic, New York 11958 (* Address where generator will be stored) c. The Town of Southold will pay for the usage of fuel required to power said generator. d. The Town of Southold will transport said generator from location designated in Paragraph 4, part C , to include initial delivery and warranty and repair work as needed, at no cost to Suffolk County. e. The Town of South old shall pay for expenses incurred during the repair of the generator unit after expiration of the unit's warranty. f. The Town of Southold will keep and maintain all maintenance records and all records of any repair work performed with the said generator and send a copy to FRES. g. The Town of Southold will secure and maintain all related accessories, such as extension cords, that are assigned with the said generator unit. Page 3 of 7 Law No. Disaster Preparedness/Shelters - Use of County-Owned Generator for the Residents of Southold h. The Town of Southold understands that this equipment can be recalled at any time, as seen necessary by the County Executive, designee, Commissioner of Fire, Rescue and Emergency Services or designee. 5. FRES Responsibilities: a. FRES will coordinate the delivery of said generator and all related accessories with the Town of Southold. b. FRES will ensure said generator unit is fleeted and properly marked by the Suffolk County Department of Public Works prior to delivery to the Town of Southold. 6. Notices a. Notice of Declared State of Emergency While best efforts will be made by the County to provid~ written notice to the Contractor of a declaration of a state of emergency, the parties understand that the unpredictable nature of disasters may prevent such formal notification. In the event that such notification is not possible, notification by telephone or messenger or other reasonable means to the individual(s) listed below will serve as adequate notice. Mr. Scott Russell Town Supervisor Town of Southold PO Box 1179 Southold, NY 11971 b. All Other Notices All other notices shall be in writing and shall be given to the County as set forth in Exhibit B, entitled General Terms and Conditions. Notification to the Contractor shall be made to: Carlisle Cochran, Jr. Deputy Emergency Manager PO Box 1179 Southold, New York 11971 With an additional copy to: Mr. Scott Russell Town Supervisor Town of Southold PO Box 1179 Southold, New York 11971 c. Each party shall give prompt written notice to the other party of the appointment of successor(s) to the designated contact person(s) or his or her designated successor(s). End of text for Exhibit A Page 4 of 7 Law No. Disaster Preparedness/Shelters - Use of County-Owned Generator for the Residents of Southold Audit Requirements: All payments made under this Agreement are subject to audit by the Suffolk County Comptroller pursuant to Article V of the Suffolk County Charter. If the Contractor fails to cooperate with an audit by the Comptroller, the County shall have the right to suspend or partially withhold payments or require the repayment of amounts paid under this Agreement or under any other agreement between the parties until such cooperation is forthcoming. If such an audit discloses overpayments by the County to the Contractor, within thirty (30) days after the issuance of an official audit report by the Comptroller or his duly designated representatives, the Contractor shall repay the amount of such overpayment by check to the order of the Suffolk County Treasurer or shall submit a proposed plan of repayment to the Comptroller. If there is no response or if satisfactory repayments are not made, the County may recoup overpayments from any amounts due or becoming due to the Contractor from the County under this Agreement or otherwise. The provisions of this paragraph shall survive the expiration or termination of the Agreement. Contractor'slVendor's Public Disclosure Statement: The Contractor represents and warrants that it has filed with the Comptroller of Suffolk County the verified public disclosure statement required by Suffolk County Administrative Code Article V, Section A5-7 and shall file an update of such statement with the said Comptroller on or before the 3Jst day of January in each year of this Agreement's duration. The Contractor acknowledges that such filing is a material, contractual and statutory duty and that the failure to file such statement shall constitute a material breach of this Agreement, for which the County shall be entitled, upon a determination that such breach has occurred, to damages, in addition to all other legal remedies, oftifieen percent (15%) of the amount of the Agreement. Required Form: Suffolk County Form SCEX 22; entitled "Contractor'sNendor's Public Disclosure Statement" Living Wage Law: This Agreement is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific exemptions apply, all employers (as defined) under service contracts and recipients of County financial assistance, (as defined) shall provide payment of a minimum wage to employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffoik County Living Wage Law of the County of Suffolk. Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for violations of this Law. The Contractor represents and warrants that it has read and shall comply with the requirements of Suffolk County Code Chapter 347, Suffolk County Local Law No. 12-2001, the Living Wage Law. Required Form: Suffolk County Living Wage Form L W-38; entitled "Suffolk County Department of Labor ~ Living Wage Unit Living Wage Certification/Declaration - Subject To Audit" 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 organizing. c. The County of Suffolk shall not use County funds to assist, promote, or deter union organizing. d. No employer shall use County property to hold a meeting with employees or supervisors if the purpose of such meeting is to assist, promote, or deter union organizing. If Contractor services are performed on County property the Contractor must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, non~intimidation agreement, and a majority authorization card agreement. lfContractor services are for the provision of human services and such services are not to be performed on County property, the Contractor must adopt, at the least, a neutrality agreement. Under the provisions of Local Law No. 26~2003, the County shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for violations of this Law. Required Form: Suffolk County Labor Law Form DOL-LOI; entitled "Suffolk County Department of Labor - Labor Mediation Unit Union Organizing CertificationlDeclaration - Subject to Audit" Gratuities: The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement, and that the signer of this Agreement has read and is familiar with the provisions of Local Law No. 32~ 1980 of Suffolk County (Chapter 386 of the Suffolk County Code). Prohibition Against Contracting with Corporations that Reincorporate Overseas: The Contractor represents 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 contract for consulting services or goods and services shall be awarded by the County to a business previously incorporated within the U.S.A. that has reincorporated outside the U.S.A. Child Sexual Abuse Reporting Policy: The Contractor agrees to comply with Chapter 577, Article IV, of the Suffolk County Code, entitled "Child Sexual Abuse Reporting Policy", as now in effect or amended hereafter or of any other Suffolk County Local Law that may become applicable during the term of this Agreement with regard to child sexual abuse reporting policy. 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 (l0) 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 "Non responsible Bidder." Page 5 of7 Law No. Disaster Preparedness/Shelters - Use of County-Owned Generator for the Residents of Southold Certification as to Relationships: Pursuant to the Suffolk County Code Chapter 143, Article II, and Suffolk County Code ~143-6(B) Specifically, the parties to this Agreement hereby certity that, other than the funds provided in this Agreement and other valid Agreements with the County, there is no known relationship within the third degree of consanguinity, life partner, or business, commercial, economic, or financial relationship between the parties, the signatories to this Agreement, and any partners, members, directors, or shareholders of five percent (5%) (or more) cfany party to this Agreement. Suffolk County Local Laws Suffolk County Local Laws, Rules and Regulatious can be found on the Suffolk County web site at www.co,suffolk<htto://www.co.suffolk.nv.us>. Click on "Laws of Suffolk County" under "Suffolk County Lioks". Indemnification: The Contractor agrees that it shall protect, indemnify and hold hannless the County and its officers, officials, employees, contractors, agents and other persons from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and reasonable attorneys' fees, arising out of the acts or omissions or the negligence of the Contractor in connection with the services described or referred to in this Agreement. The Contractor shall defend the County and its officers, officials, employees, contractors, agents and other persons in any suit, including appeals, or at the County's option, pay reasonable attorney's fees for defense of any such suit arising out of the acts or omissions or negligence of the Contractor, its officers, officials, employees, subcontractors or agents, if any, in connection with the services described or referred to in this Agreement. Insurance: a. The Contractor agrees to procure, pay the entire premium for and maintain throughout the tenn of this Agreement, insurance in amounts and types specified by the County and as may be mandated and increased from time to time. The Contractor agrees to require that all if its subcontractors, in connection with work performed for the Contractor related to this Agreement, procure, pay the entire premium for and maintain throughout the tenn ofthis Agreement, insurance in amounts and types equal to that specified by the County for the Contractor. Unless otherwise specified by the County and agreed to by the Contractor, in writing, such insurance shall be as follows: i. Commercial General Liability insurance, including contractual liability coverage, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily injury and Two Million Dollars ($2,000,000.00) per occurrence for property damage. ii. Automobile Liability insurance (if any vehicles are used by the Contractor in the performance of this Agreement) in an amount not less than Five Hundred Thousand Dollars ($500,000.00) per person, per accident, for bodily injury and not less than One Hundred Thousand Dollars ($100,000.00) for property damage per occurrence. iii. Workers 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 9957 and 220 of the Workers' Compensation Law. In accordance with General Municipal Law ~ 1 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 stich employees as are required to be covered by the provisions of the Workers' Compensation Law. b. All policies providing such coverage shall be issued by insurance companies with an A.M. Best rating of A- or better. c. The Contractor shall furnish to the County Declaration Pages for each such policy of insurance and upon request, a true and certified original copy of each such policy, evidencing compliance with the aforesaid insurance requirements. In the case of commercial general liability insurance, the County of Suffolk shall be named as an additional insured and the Contractor shall furnish a Declaration Page and endorsement page evidencing the County's status as an additional insured on said policy. d. All such Declaration Pages, certificates and other evidence of insurance shall provide for the County of Suffolk to be notified in writing thirty (30) days prior to any cancellation, nonrenewal or material change in said policies. Such Declaration Pages, certificates, policies and other evidence of insurance and notices shall be mailed to the Department at its address as set forth in this Agreement in the paragraph entitled "Notices and Contact Persons" or at such other address of which the County shall have given the Contractor notice in writing. 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. Severability: It is expressly agreed that if any term or provision of this Agreement, or the application thereof to any person or circumstance, shall be held invalid or unenforceable to any extent, the remainder of this Agreement, or the application of such tenn or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and provision of this Agreement shall be valid and shall be enforced to the fullest extent pennitted by law. 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 andlor any other contract with any County department or agency, including any contract for a term commencing prior to the tenn of this contract, plus any amounts due and owing to the County for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The County shall exercise its set-off rights in accordance with nonnal County practices including, in cases ofset~offpursuant 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. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws. Venues shall be designated in Suffolk County, New York or the United States District Court for the Eastern District of New York. No Intended Third Party Beneficiaries: This Agreement is entered into solely for the benefit of County and Contractor. No third party shall be deemed a beneficiary of this Agreement, and no third party shall have the right to make any claim or assert any right under this Agreement. Page 6 of7 Law No. Disaster Preparedness/Shelters - Use of County-Owned Generator for the Residents of Southold Notices Relating to Payments, Insurance or Other Submissions: For the Department: By Registered or Certified Mail in Postpaid Envelope or by Nationally Recognized Courier Service or by personal delivery to Fire Rescue and Emergency Services, Yaphank Avenue, Yaphank, New York 11980 All. Edward Schneyer, Director of Emergency Preparedness, and For the Contractor: By Registered or Certified Mail in Postpaid Envelope or by Nationally Recognized Courier Service or by personal delivery to the contact person set forth in Exhibit A, entitled "Specific Terms and Conditions." Notices Relating to Indemnification and Termination: Any communication or notice regarding indemnification or tennination shall be in writing and shall be given as follows: For the County: By Registered or Certified Mail in Postpaid Envelope or by Nationally Recognized Courier Service or by personal delivery to Fire Rescue and Emergency Services, Yaphank Avenue, Yaphank, New York 11980, Att. Joseph F. Williams, Commissioner, and to Christine Malafi, County Attorney, Suffolk County Department of Law, H. Lee Dennison Building, 100 Veterans Memorial Highway, Hauppauge, New York 11788, and For Contractor: By Registered or Certified Mail in Postpaid Envelope or by Nationally Recognized Courier Service or by personal delivery to the contact person set forth in Exhibit A, entitled "Specific Terms and Conditions." End of Text Exhibit B Page 7 of 7 A- ,; Suffolk County, New York Department of Labor SUFFOLK COUNTY DEPARTMENT OF LABOR- LABOR MEDIATION UNIT UNION ORGANIZING CERTIFICA TlONIDECLARA TlON - SUBJECT TO AUDIT If the following definition of "County Contractor" (Uuion Organizing Law Chapter 466-2) applies to the contractor's/beneficiary's business or transaction with Suffolk County, the contractor/beneficiary must complete Sections I, III, and IV below, If the following definitions do not apply, the contractor/beneficiary must complete Sections II, III and IV below, Completed forms must be submitted to the awarding agency. County Contractor: "Any employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a written contract with the County of Suffolk or any of its agencies; pursuant to a Suffolk County grant; pursuant to a Suffolk County program; pursuant to a Suffolk County reimbursement for services provided in any calendar year; or pursuant to a subcontract with any of the above." Section I The Union Organizing Law applies to this contract. I1we hereby agree to comply with all the provisions of Suffolk County Local Law No. 26-2003, the Suffolk County Union Organizing Law (the law) and, as such shall not use County funds to assist, promote, or deter union organizing (Chapter 466-3 A), nor seek reimbursement from the County for costs incurred to assist, promote, or deter union organizing. (Chapter 466-3 B) Check if I1we further agree to take all action necessary to ensure that County funds are not used to assist, promote, or deter Applicable union organizing. (Chapter 466-3 H) Gr1we further agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are made, l/we shall maintain records sufficient to show that no County funds were used for those expenditures and, as applicable, that no reimbursement from County funds has been sought for such costs. I1we agree that such records shall be made available to the pertinent County agency or authority, the County Comptroller, or the County Department of Law upon request. (Chapter 466-3 I) I1we further affirm to the following: . I1we will not express to employees any false or misleading information that is intended to influence the determination of employee preferences regarding union representation; . [twe will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining representative; . l/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; . [twe understand my/our obligation to limit disruptions caused by prerecognition labor disputes through the adoption of none on fro ntationa I procedures for the resolution of pre recognition labor disputes with employees engaged in the production of goods or the rendering of services for the County; and . I/we have or will 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. [/we shall include a list of said procedures in such certification. I/we further agree that every County contract for the provision of services, when such services will be performed on County property, shall include a requirement that I/we adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, no intimidation agreement, and a majority authorization card agreement. I/we further agree that every County contract for the provision of human services, when such services are not to be performed on County property, shall include a requirement that IIwe adopt, at the least, a neutrality agreement. I1we understand that the efficient, timely, and nondisruptive provision of goods and services is a paramount financial interest of the County of Suffolk and as such, the County expects the potential County contractor to protect the County's financial interest by adopting nonconfrontational procedures for the orderly resolution 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. DOL-LOI (6/05) ,"" l Suffolk County, New York Department of Labor Section II The Union Organizing Law does not apply to this contract for the following reason(s): D Check if Applicable Section III Contractor Name: Town of Southold Federal Employer ID#: 11-6001939 Contractor Address: P.O. Box 1179 Amount of Assistance: ~nl1~hnl~, NY llQ71-0Q5Q Vendor #: Contractor Phone #: (631) 765-1889 Description of project or service: Section IV I declare under p aIry of perjury under the Laws of the State of New Yark that the undersigned is authorized to provide this certification, an at the abo (n-~?-01 Date Authorized ignature Scott A. Russell, Supervisor Print Name and Title of Authorized Representative DOL-LO! (6/05) SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT LIVING WAGE CERTIFICATION/DECLARATION - 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 transaction with Suffolk County, the contractor/recipient must complete Sections 1,3,4 below; and Form LW-l (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 be 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 ofSuffalk," 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 The Living Wage Law applies to this contract. l/we hereby agree to comply with all the provisions of Suffolk County g 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 perfonn 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 $] 1.41 ($10.50 for child care providers) per hour or the rates as may be adjusted annually in accordance with the Law. (Chapter 347-3 B) Check if applicable I/we further agree that any tenant or leaseholder of this company that employs at least ten (10) persons and occupies property or uses equipment or property that is improved or developed as a result of compensation or any contractor or subcontractor of this company that employs at least ten (10) persons in producing or providing goods or services to this company that are used in the project or matter for which this company has received compensation shall comply with all the provisions of the Law, including those specified above. (Chapter 347-2) Section II I/we further agree to penn it 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 far five (5) years, whichever period of compliance is longer. All payroll and benefit records required by the County will be maintained for inspection for a similar period of time. (Chapter 347-7 D) The County Department of Labor 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) The Living Wage Law does not apply to this contract for the following reason(s): D Check if applicable Section III Contractor Name: Town of Southo1d Federal Employer ID#: 11-6001939 Contractor Address: P.O. Box 1179 Southo1d, NY Amount of compensation: 11971-0959 Vendor #: Contractor Phone #: 631-765-1889 Description of project or service: Section IV I declare under and that the a alty of perjury under the Laws of the State of New York that the undersigned is authorized to provide this certification, e is true an rrect. Authorized Signature scott A. Russell, Supervisor Print Name and Title of Authorized Representative IO-d 7-n 1 Date LW 38 (revised 6-06, replaces forms LW2, LW3, and LW33) Suffolk County Form 22 Contractor"sNendors Public Disclosure Statement Pursuant to Section A5-7 of the Suffolk County Administrative Code, this Public Disclosure Statement must be completed by all contractors/vendors that have a contract with Suffolk County. In the event contractor/vendor is exempt from completing paragraphs numbered 1 through 11 below, so indicate at paragraph number 12 below setting forth the reason for such exemption. Notwithstanding such exempt status, you must execute this form below before a notary public. 1. Contractor'sNendor's Name Town of Southo1d Address p.o. Box 1179, 53095 Main Road City and State Southo1d, NY ZipCode11971-0959 2. Contracting Department's Name Address 3. Payee Identification or Social Security No. 4. Type of Business_Corporation _Partnership_Sole Proprietorship_Other S.a Is contractor/vendor entering into or has contractor/vendor entered into a contract with Suffolk County in excess of$I,OOO? _Yes_No. S.b Has contractor/vendor entered into three or more contracts, including the one for which you are now completing this form, with Suffolk County, any three of which, when combined, exceed $1,000? _Yes_No. 6. Table of Organization. List names and addresses of all principals; that is, all individuals serving on the Board of Directors or comparable body, names and addresses of all partners, and names and addresses of all corporate officers. Conspicuously identify any person in this table of organization who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary. ) 7. List all names and addresses of those individual shareholders holding more than five percent (5%) interest in the contractor/vendor. Conspicuously identify any shareholder who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary). 8. Does contractor/vendor derive 50% or more of its total revenues from its contractual or vendor relationship with Suffolk County? _Yes_No. 9. If you answered yes to 8 above, you must submit with this disclosure statement, a complete financial statement listing all assets and liabilities as well as a profit and loss statement. These statements must be certified by a Certified Public Accountant. (Strike this out ifnot applicable.) 10. The undersigned shall include this Contractor'slVendor's Public Disclosure Statement with the contract. (Describe general naturc of the contract.) Page I of 3 Publie 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 11 of the Uniform Commercial Code of the State of New York. In addition to all legal remedies, Suffolk County shall be entitled, upon a determination that a breach has occurred, to damages equal to fifteen percent (15%) of the amount of the contract. 12. If you are one of the entities listed below at a) through c) or you qualify under d) below, you are exempt from completing paragraphs numbered I through II herein: _ a) Hospital ~ b) Educational or governmental entities _ c) Not-for-profit corporations _ d) Contracts providing for foster care, family day-care providers or child protective services Please check to the left side of the appropriate exemption. 13. Verifieation. 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 s tements nd that they are, to his/her own knowledge, true. [0 -01'7.-0-1 Signed: Scott A. Russell Supervisor ~own OI bou~nOLa Dated: Printed ame of Signer: Title of Signer: Name ofContractorNendor: UNIFORM CERTIFICATE OF ACKNOWLEDGMENT (Within New York State) STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: On the Gtt.I..day of October in the year 2007 before me, the undersigned, personally appeared Scot t A. Rus sell personally known to me or proved to me on the basis of satisfactory evidence to be the individuales.) whose name~ is (.aI:@) subscribed to the within instrument and acknowledged to mthat h executed the same in his/llsr'tll~ir capacitY(168) and that by his'll.llr'tllsir signature(\) o th . strume t, the in ividual(\), or the person upon behalf of which the individuall's;) acted, executed mstrumen . ! i / d ffice of individual taking acknowledgement) KIERAN M. CORCORAN QUALIFIED IN SUFFOLK COUNTY NOTARY #02C06119838 >pI MY COMMISSION EXPIRES DEC. 6, 2~ Page 2 of 3 Publie Disclosure Form .J 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 U:\SCOEM\Conlract Forms\SuffCo Exhihit Pub Disc FormlJ7.doc AFFIDAVIT OF COMPLIANCE WITH THE REQUIREMENTS OI< 8 U.S.c. SECTION I324a WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES State of New York ) ss: County of Suffolk ) Edward Forrester (Print Name of Deponent) , being duly sworn, deposes and says: 1. I am the owner/authorized representative of (Circle one) the Town of Southold (Name of Corp. , Business, Company) 2. I certify that I have complied, in good faith, with thc requirements of Title 8 of the United States Code (U.S.C.) Section I 324a (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. f2~ .-/ Swom to before me this 6I.'traay r:- ~ KIERAN M. CORCORAN QUALIFIED IN SUFFOLK COUNTY NOTARY ft02C06119838 ;R) MY COMM'SSION ~XPIRES DEC. 6, 2~ 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 Suffolk Couutv Code, Chaoter 234 (2006) To Be Completed By Applicant! Covered Employer//Owner EMPLOYERlCORP./BUSINESS/COMPANY NAME: Town of Sou thold I) ADDRESS: P.o. Box 1179, 53095 Main Road Southold, NY 11971-0959 2) NOT-FOR-PROFIT: YES_ NO---.lL (SUBMIT CERTIFICATE OF INCORPORATION) 3) VENDOR #: (If known) 5) CONTACT: Edward Forrester 4) CONTRACT ID: 6) TELEPHONE #: 631-765-1939 (If known) 7) TERM OF CONTRACT OR EXTENSION (PROVIDE DATES): 1/1/07 through 5/31/11 8) BRIEF DESCRIPTION OF COMPENSATION, PROJECT OR SERVICE Town of Southold assiqned a 25k VA/20 KW qenerator to provide temporary power services to the residents of the Town of Southold. SUBCONTRACTOR: I) ADDRESS: N/A 2) VENDOR#: 3) TELEPHONE #: 4) CONTACT: 5) DESCRIPTION OF COMPENSATION, PROJECT OR SERVICE 25K VA/20 kw generator to provide temporary power services to residents of Southold Town. 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 I'assport; 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 uumber 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-l visa, 0'" othe," wod, visa as may be authorized by the United States (;ovcrnment at the time the County contract is awarded for all covcred employees. SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT NOTICE OF APPLICATION FOR COUNTY COMPENSATION (Contract) Living Wage Law, Suffolk County Code, Chapter 347 (2001) To Be Completed By Applicant/ Employer/Contractor 1) NAME: Town of Southold 2) VENDOR #: 4) CONTACT: (Ifknown) Edward Forrester 3) CONTRACT ID #: (If known) 5) TELEPHONE #: 631-765-1939 6) ADDRESS: P.O. Box 1179, 53095 Main Road ~nllt-n()ln, NY llQ71-0Q'iQ 7) TERM OF CONTRACT (DATES): 1/1/07 through 5/31/11 8) PROJECT NAME: (IF DIFFERENT FROM #1) Disaster Preparedness/Shelter 9) AMOUNT: $0 - provision of generator 10) AWARDING AGENCY: Suffolk County Dept. of Fire, Rescue, and Emer- gency Serv}.ces 11) BRIEF DESCRIPTION OF PROJECT OR SERVICE: Town of Southo1d assigned a 25K VA/20 KW generator to provide temporary power services to the residents of the Town of Southold. 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). N/A 13) PROJECTED WAGE LEVELS: (attach a statement listing projected wage levels, com pensated days off and medical benefits for total workforce dedicated to fulfilling the terms of this contract, broken down annually for each year of the term of the contract). $2,500 stipend issued to Edward Forrester L W-l (revised 4/05) PATRICIAA. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD RECEIVi:D November 14, 2007 1,/,0',1 1 C '"w'7 i'.\)V J c..!u Ms. Keri Pisani Suffolk County Office of Emergency Management P.O. Box 127, Yaphank Avenue Yaphank, NY 11980-0127 Soulhuld Tc.v;n Clerk Re: Interagency Agreement Emergency Generator for the Town of Southold Dear Ms. Pisani: With respect to your correspondence dated August 6, 2007, we are enclosing the following documents in connection with the referenced matter: 1. Five (5) counterparts of the Interagency Agreement, which have been executed by Supervisor Russell; 2. Five (5) counterparts of the Suffolk County Department of Labor Union Organizing Certification, which have been executed by Supervisor Russell; 3. Five (5) counterparts of the Living Wage Certification, which have been executed by Supervisor Russell; 4. Five (5) counterparts of the Public Disclosure Statement, which have been executed by Supervisor Russell; 5. Five (5) counterparts of the Affidavit of Compliance, which have been executed by Edward Forrester; 6. Five (5) counterparts of the Notice of Application to Certify Compliance with Federal Law; and 7. Five (5) counterparts of the Notice of Application for County Compensation. Ms. Keri Pisani November 14, 2007 Page 2 We would appreciate your sending us a fully executed original Agreement, including the disclosure documents, for our records. In the meantime, if you have any questions or require anything further in this regard, please do not hesitate to call us. Thank you for your attention. Ilk Enclosures cc: Members of the Town Board (w/o encls.) ~ Ms. Elizabeth Neville, Town Clerk (w/encls.) L/"" Patricia A. Finnegan, Esq., Town Attorney (w/encls.) Very truly yours, dft ~ LynC Secretary to the Town Attorney