HomeMy WebLinkAboutLiving Wage Certification/AAA Transportation Program
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
OFFICE FOR THE AGING
HOLLY S. RHODES-TEAGUE
DIRECTOR
June 15, 2007
The Honorable Scott A. Russell
Town of Southold
53095 Main Road, PO Box 1179
Southold, NY 11971
RE: AM Transportation Program
4/1/2007-3/31/2008 - $9,000
Dear Supervisor Russell:
Pursuant to Local Law No. 12-2001, the Living Wage Law, all contractors and subcontractors are required to
complete Living Wage forms. No contract will be awarded until the forms have been reviewed and approved
by the Department of Labor's Living Wage Unit.
The following are Living Wage Law guidelines.
. Effective July 1,2007, the living wage is $10.40 per hour with health benefits and $11.84 per hour
without health benefits. (The living wage is adjusted each year in proportion to the increase of the
area Consumer Price Index.) Your application must reflect new rates.
. Employers are required to provide at least twelve (12) compensated days off per year for full time
employees.
. Part-time employees that work twenty (20) or more hours per week shall accrue compensated
time off in Increments proportional to that accrued by full time employees.
. Contractors are not required to provide compensated time off to employees that work less than 20
hours per week.
. Part-time employees earning 200% of the living wage rate may be exempted from receiving
compensated time off.
Enclosed are partially completed Living Wage Forms LW-38 and LW-1, which are necessary to certify Living
Wage compliance. Be sure to submit the documentation required by LW-1, Items 12 and 13. Please
complete, sign and return the forms to Therese Blumenauer, Contracts Examiner, by June 25, 2007.
For additional information and forms, including exemptions from the Living Wage Law, refer to
www.co.suffolk.nV.usllaborllivinowaqe.html. If you need further assistance, please call Therese Blumenauer
at 631-853-8262.
Sincerely,
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Holly Rh es-Teague
Director
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Enclosure
cc: Maureen Porta
Leanor Hunter
Therese Blumenauer
Karen McLaughlin (w/enclosure)
(631)853-8200
H.I.EE DENNISON BUILDING. 100VETERANS MEMORIALHIGHW4Y . P.O. Box 6100 . HAUPPAUGE, NEW YORK 11788-0099 . FAX: 853-8225
OVER 30 YEARS AS THE: DESIGNATED AREA AGIi.NCY ON AGING PROVIDING SERVICES FOR OLDER CrrlZENS
, .
SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT
LIVING WAGE CERTlFICATlON/DECLARA TION - SUBJECT TO AUDIT
If either of the following definitions of 'compensation' (Living Wage Law Chapter 347 - 2) applies to the contractor's/rccipient's
business or transaction with Suffolk County, the contractor/recipient must complete Sections I, J, 4 below; and Form LW-I (Notice
of Application for County Compensation). If the following definitions do nol apply, the contractor/recipient must complete Sections
2,3 and 4 below. Completed forms must be submitted to the awarding agenC)'.
"Any granl, loan, tax incentive or abatement, bond financing subsidy or other ronn 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
w
The Living Wage Law applies to this contract. I/we hereby agree to comply with all the provisions of Suffolk County Local Law
No. 12-2001, the Suffolk County Living 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 (compenslltion) a wage rate of no less than $10.40
($9.25 for child care providers) per hour worked with health benefits, as described in the Law, or
othenvise $11.84 ($10.50 for child care providers) per hour or the rates as may be adjusted annually in accordance with the Law.
(Chapler 347-3 B)
IIwe 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 maller for which this company has received compensation shall comply with all the provisions of the Law, including
those specified above. (Chapler 347-2)
Check if
applicable
I/we further agree to permit access to work sites and relevant payroll records by authorized County representatives for the
purpose of monitoring compliance with regulations under this Chapter of the Suffolk County Code, investigating employee
complaints of noncompliance and evaluating the operation and effects of this Chapter, including the production for inspection &
copying of payroll records for any or all employees for the term of the contract or for five (5) years, whichever period of
compliance is longer. All payroll and benefit records required by the County will be maintained for inspection for a similar
period of time. (Chapler 347.7 D)
The County Department of Labor shall review the records of any Covered Employer at least once every three years to verify
compliance with the provisions of the Law. (Chapler 347-4 C)
Seelion II The Living Wage Law does not apply to this contract for the following reason(s):
D
Check if
applicable
Seelion III
Contractor Name:
Town of Southold
Federal Employer 10#: 11-6001939
Contractor Address:
53095 Main Road/PO Box 1179
Amount of Assistance: $9,000
Contractor Phone #:
Description of project or service:
South old, NY 11971
Vendor #:
AAA Transportation Program
Section IV
I declare under penalty of R
that the above is true an
] under the Laws of the State of New York that the undersigned is authorized to provide this certification, and
ecl.
~467
(;. (" ale
JJiATI/(j/ /jMWN JUlcf!.V/S 01<.
Authorized Sign t re Je
. <;'1','lTT A- . U 5 SELL
Prinl Name and Title of Authorized Representative '
LW 38 (revised 4-05, replaces forms LW2, LW3, and LW33)
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 #: 11-6001939 3) CONTRACTlD #:
(If Known) .
4) CONTACT: k'r./ICEA/ M~/'!tn 5) TELEPHONE #:
b/~. of> 1ft..{ ~CKVICE s
(If Known)
(031) ,). (1'r<,. </ </roO
6) ADDRESS: 53095 Main Road/PO Box 1179
South old, NY 11971
7) TERM OF CONTRACT (DATES) 4/1/2007-3/31/2008
8) PROJECT NAME: (IF DIFFERENT FROM #1) AAA Transportation Program
9) AMOUNT:
$9,000
0) AWARDING AGENCY: Suffolk County Office for the Aging
11) BRIEF DESCRIPTION OF PROJECT OR SERVICE:
AAA Transportation Program
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 this 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 of the term of the contract).
LW-1 (revised 4/05)
Re: AAA Transportation Program
4/1/07 - 3/31/08
SUFFOLK COUNTY DEPARTMENT OF LABOR-LIVING WAGE UNIT
NOTICE OF APPLICATION FOR COUNTY COMPENSATION
12. Proiected Emplovment Needs:
The workforce dedicated to performing the services under this contract are as
follows:
Mini-Bus Driver (Part-Time)
13. Proiected Wage Levels:
Hourly Wages 2007
2008*
Part-Time Mini-Bus Driver
$12.11
See below
Compensated days off and medical benefits are listed in the attached Agreement between
the Town of Southold and CSEA. The contract is valid January I, 2003 - December 31,
2007. Southold Town currently meets all provisions set forth in the Suffolk County
Living Wage Law. *2008 salaries will be determined upon final contract negotiations for
the new CSEA Contract.
. 02007 - ,;Jooi? Af1/J 7/<;:WYOK77177cvV ;ieeJ6;(A14:-1
CSEA, Local 1000 AFSCME,
AFL-CIO
.
CSEII
I)
J
Town of Southold Unit
Suffolk County Local 852
January 1,2003 - December 31, 2007
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12.3 Only one employee official personnel file shall be maintained which shall contain
all material with respect to such employee.
12.4 No material derogatory to any employee, his or her conduct, character or service
shall be placed in hislher personnel file unless he or she has been given the oPP'>rtunity to
examine the sa~e and affix hislher signature thereon, which signature shall not be
deemed to indicate that the employee in any way consents to or agrees with the contents
thereof. The employee may place in such personnel file a written answer to any
derogatory material in said files within 10 working days after receiving notification of the
proposed inclusion of the material in the file.
SEC. 13. UNIFORMS
'-
13.1 Uniforms supplied to Public Safety Dispatchers will be cleaned at Town expense,
by the Town selected cleaning service.
SEC. 14. VACATIONS
14.1 All full-time employees shall be entitled to vacation time in accordance with the
following schedule:
LENGTH OF SERVICE
V ACA nON CREDIT
After 6 months
Start of 2nd year through the 3 rd year
Start of 4th year through the 60. year
Start of 7th year through the 9th year
Start of 10d. year through the 11th year
Start of 12th year through the 14th year
Start of 15th year through the 19th year
Start of 20th year though the 22nd year
Start of23rd year and thereafter
3 days
10 days
12 days
15 days
18 days
20 days
23 days
25 days
30 days
14.2 Advanced payment for earned vacation shall be paid to such employee;prior to
commencement of such vacation provided that the employee gives written notice of the
time of the co~mencement thereof to the Supervisor at least three (3) weeks prior thereto.
14.3 The head of each department shall approve the vacation schedules for the
employees in the respective departments.
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14.4 Not more than twelve (12) days of unused vacation time may be carried over into
the succeeding year.
14.5 Subject to the prior approval of the department head, vacation may be taken in
increments of one (1) day at a time, so long as it does not interfere with the day to da)'i
operation of services to the Town.
14.6 No time shall be accrued during leaves of absence and/or suspensions from work
exceeding 30 calendar days.
14.7 If the Town cancels a previously approved vacation, or any part thereof, it will pay
the employee for any such time that cannot be rescheduled that year.
SEC. 15. JURY DUTY
15.1 Employees who are required to serve onjury duty shall receive full salary during
the period of such service, subject to their payment to the Town of all amounts received
for such duty, exclusive of expenses of travel and meals, and shall receive full excusal for
the day of such jury duty, regardless of shift.
SEe. 16. BEREA VEMENT LEAVE
16.1 Full-time employees shall be entitled to 4 four days) leave of absence with pay for
the purpose of arranging and attending the funeral of the spouse, child, parent, brother,
sister, parent-in-law, son-in-law, or daughter-in-law of such employee. A full-time
employee shall be granted one working day with pay to attend the funeral on the
employee's working day of the employee's grandparents, brothers-in-law, sisters-in-law,
half-brothers or half-sisters, or other relatives living in the household of the employe~
unless additional time is authorized by the Supervisor. The leave of absence for funeral
purposes shall be in addition to any other leave of absence to which such employee is
entitled under any other provision of this Agreement. The Town Supervisor shall also
have the sole, nongrievable discretion to grant bereavement leave for the loss of other
persons.
SEe. 17. UNAUTHORIZED ABSENCE
17.1 An employee who shall be absent without authorization therefor, for which no
satisfactory explanation is given; shall not be compensated for such period of absence,
and if such absence shall continue for ten (10) continuous working days, such
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unauthorized absence shalI be deemed to constitute just cause for dismissal in accordance
with applicable rules of the Suffolk County Civil Service Rules and Regulations.
SEe. 18. LEAVE OF ABSENCE
18.1 Upon reqJlest, fulI-time employees may be granted a child care leave of absence
not exceeding two (2) years without pay by reason of the birth to or adoption of a child by
the employee. Such employee, upon the expiration of such period of leave of absence,
shalI be restored to same or comparable position of employment, if the same is available.
Part-time employees may be granted a leave of absence without pay for these reasons, at
the discretion of the Town Board.
18.2 Upon request, full-time employees may be granted a leave of absence without pay
not exceeding one (I) year for reasons of personal health or that of their immediate
family, provided, however, that the necessity therefor is certified in writing to the Town
Board by a physician.
SEC. 19. SICK LEAVE
19.1 Upon completion of one year of service, full-time employees shalI be entitled to
fifteen (15) days sick leave with pay. Full-time employees with less than one year of
service shall be entitled to one (1) day of sick leave with pay for each month of service.
Part-time employees who work at least five days in each week shall be entitled to one (1)
day sick leave with pay for each month after the first month of work. Effective July 1,
1999, part.time employees shall accrue one (1) hour of sick leave for each twenty (20)
hours actually worked. Not more than 1/3 of this accrued time may be utilized annualIy,
pursuant to the procedures contained in contract Section 21 and applicable department
practices, if any, as though it were personal leave.
19.2 FulI-time employees hired after October 15, 1996 shalI be entitled to twelve (12)
days sick leave during their first year of employment, thirteen (13) days during their
second year of employment, fourteen (14) days during their third year of employment and
fifteen (15) days sick leave thereafter.
19.3 Unused sick leave may be accumulated up to a maximum of280 days."'
19.4 An employee who shall become sick while on vacation may have such period of
illness charged against any unused sick leave, provided that a physician certifies to such
illness and the duration thereof in writing and the vacation period of such employee shalI
be extended accordingly.
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19.5 An employee who becomes sick while at work, who is required to leave work, will
be charged for one-half day of sick leave if helshe worked at least 50% of the normal
work day, otherwise helshe will be charged for a full day of sick leave.
19.6 Employees. who are required to attend a doctor's appointment during nOJTWll
working hours, and cannot reschedule said appointment after working hours shall have
said sick leave time deducted in the same manner as in Section 19.5. Effective June 21,
2005, absences of less than one-half day shall be charged as actual hours of work missed,
up to 10 hours per year.
19.7 A department head may request a written physician's certificate in all cases where
an employee is absent by reason of illness for more than three consecutive work days. In
addition, a department head may, in consultation with the CSEA President, also require a
physician's statement if the department head has reason to believe that an employee is
abusing his/her sick leave privileges by, for example, exhibiting a pattern of absences on
the first or last days of the employee's regularly scheduled workweek, the days
immediately before or after a holiday or vacation period, or due to use of sick leave in
excess of the unit average for the past three full calendar years. A person who is at or
exceeding the average shall be notified in advance that a doctor's note will be necessary
for future absences.
19.8 Upon retirement, a full-time employee shall be entitled to payment for the first 40
days of accumulated unused sick leave. For days accumulated over 40, additional
payment will be made at the rate of one day for each 3 accum.ulated over 40. In no event
shall the grand total payment exceed 120 days.
19.9 No time shall be accrued during leaves of absence and/or suspension from work
exceeding 30 calendar days.
SEC. 20. HOLIDAYS
20.1 Full-time employees shall be entitled to the following holidays off with pay, to wit:
. the first day of January, known as New Year's Day,.,
. the third Monday of January, known as Martin Luther King, Jr. Day
. the third Monday in February, known as (President's Day) Washington's
Birthday
. the last Monday in May, known as Memorial Day
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· the fourth day of July, known as Independence Day
· the first Monday in September, known as Labor Day
· the second Monday in October, known as Columbus Day
· the Tuesday next succeeding the first Monday in November, known as
Election Day
· the eleventh day of November, known as Veteran's Day
· the fourth Thursday in November, known as Thanksgiving Day
· the day after Thanksgiving Day, except for employees assigned to the
Landfill, who shall receive a floating holiday to be scheduled as though
it were a personal day
· the twenty-fifth day of December, knows as Christmas Day
· the eve of Thanksgiving Day, Yo day
· the eve of Christmas Day, Y, day
· the eve of New Year's Day, Yo day
.
20.2 Where a federally observed holiday differs from the foregoing list of holidays, the
federal holiday will be observed instead of the day listed in the foregoing.
20.2a Holidays for Public Safety Dispatchers and Bay Constables shall be observed on
the day of the actual holiday.
20.3 .In the event that any ofthc above specified holidays occurs on a Saturday, the
preceding Friday shall be observed as a holiday, and if any of the above specified
holidays occurs on a Sunday, the succeeding Monday shall be observed as a holiday.
20.4 In the event, however, that it may be deemed necessary by the head of a
department that certain employees are required to be on duty on such days, such
employees so requested to work on the above named holidays agree to do so and shall be
compensated therefor in accordance with Section 29.2 hereof. '
20.5 Unless on vacation or an approved compensatory time, holiday, personal or sick
day, employee must work his/her last regularly scheduled day before and the first
following the holiday in order to receive holiday payor compensatory time off.
20.6 Employees shall have the option of receiving pay rather than time off for not more
than 3( effective January 1, 2006 all) holidays per calendar year, provided written notice is
provided to the Accounting Department, on a form prepared by the Town after notice to
the CSEA, by not later than December 31 of that year. Employees continue to have the
right to carry over unused holidays into the next calendar year, per existing practices.
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SEe. 21. PERSONAL LEAVE
21.1 Full-time employees shall be entitled to four days personal leave of absence with
pay in each calendar year for personal business reasons (personal leave days) and new
employees shall receive one day of personal leave of absence per quarter during the first
calendar year of their employment, provided that the time for taking such leave be s~bject
to prior approval by the department head. Personal leave shall also be prorated quarterly
for employees during their last year of employment.
SEC. 22; COMPENSATORY TIME
22.1 Whenever, under any provision hereof, an employee is entitled to
compensatory time off, the same shall be j:aken at such time and for such duration as shall
be mutually agreed to by the employee and the department head of the department in
which he/she is employed.
(a) Effective June 21, 2005, employees may continue to accrue
compensatory time but must reduce that time to not more than 120 hours as of December.
31,2005. Except where otherwise agreed to in writing by the Department Head, the
employee must request the use and/or payment of 50% of his/her compensatory time that
exceeds 120 hours by September 1,2005, and must make at least one request for the use
of compensatory time every two months. Any denial of a request to use compensatory
time will be automatically reviewed by the Town Supervisor or designee and a written
response issued to the employee within 14 calendar days for the Supervisor or designee's
receipt of the denial. If, as the result of a decision to deny the use of hislher
compensatory time as requested, the employee still has more. than 120 hours of
compensatory time as of December 31, 2005, then the Town will pay for that excess time,
provided that the employee has made a good faith effort to request, schedule and use this
time as contemplated by this Agreement.
(b) Effective January 1,2006, employees in safety sensitive positions may
accrue up to but no more than 300 hours of compensatory time, and employees in non-
safety sensitive positions may accrue up to but no more than 200 hours of compensatory
time, at any time during the year, but must reduce that time to not more than 120 hours as
of December 31, 2006. Except where otherwise agreed to in writing by the Dep1tment
Head, the employee must request the use and/or payment of 50% ofhislher compensatory
time that exceeds 120 hours by September 1, 2006, and must make at least one request for
the use of compensatory time every two months. Any denial of a request to use
compensatory time will be automatically reviewed by the Town Supervisor or designee
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and a written response issued to the employee within 14 calendar days from the
Supervisor or designee's receipt of the denial. If, as the result of a decision to deny the
use of compensatory time as requested, the employee stilI has more than 120 hours of
compensatory time as of December 31, 2006, then the Town will pay for that excess time,
provided that the employee has made a good faith effort to request, schedule and use this
time as contemplated by this Agreement. a
(c) Effective January 1,2007, employees in safety sensitive positions may
accrue up to but no more than 240 hours of compensatory time, and employees in non-
safety sensitive positions may accrue up to but no more than 160 hours of compensatory
time as of December 31, 2007 and succeeding December 31 ' s. Except where otherwise
agreed to in writing by the Department Head, the employee must request the use and/or
payment of 50% of his/her compensatory time that exceeds 120 hours by September I,
2007 and succeeding September I 's, and must make at least one request for the use of
compensatory time every two months. Any denial of a request to use compensatory time
wiII be automatically reviewed by the Town Supervisor or designee and a written
response issued to the employee within 14 calendar days from the Supervisor or
designee's receipt of the denial. If, as the result of a decision to deny the use of
compensatory time as requested, the employee still has more than 120 hours of
compensatory time as of December 31, 2007 and succeeding December 31's, then the
Town will pay for that excess time, provided that the employee has made a good faith
effort to request, schedule and use this time as contemplated
by this Agreement.
(d) Nothing contained in this Agreement shall be construed as in any way
restricting the Town's right to take any actions required by the provisions of the federal
Fair Labor Standards Act, and the cases and regulations interpreting it, subject to the
Town's duty to bargain, if any, with the CSEA regarding those actions.
22.2 All Town employees asked to report or remain on duty during a weather
emergency when normal Town services are suspended will receive compensatory time at
the straight time rate for alI hours actualIy worked during their normal shift.
22.3 Straight-time compensatory time will be granted to Public Safety Dispatchers and
Bay Constables who actually work on Easter Sunday. Effective June 21, 20(}S, this
paragraph shall be deleted.
SEe. 23. HEALTH INSURANCE AND HOSPITALIZATION
23.1 There shalI be a six (6) month waiting eligibility period for inclusion into the
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