HomeMy WebLinkAboutDowntown Beautification Program
RESOLUTION 2007-760
SCHEDULED
DOC ID: 3193
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-760 WAS
SCHEDULED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON SEPTEMBER 25, 2007:
RESOLVED that the Town Board of the Town of Southold hereby supports and endorses the
grant application of the Greenport -Southold Chamber of Commerce grant application to the
Suffolk County, Department of Economic Development & Workforce Housing, Downtown
Beautification Program, in connection with improvements to the municipal parking lot in the
center of the Southold Business District.
~_L4.f(.7.2;k..JcI...
Elizabeth A. Neville
Southold Town Clerk
.
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Law No. 0'7 -(,b / oc) f
Rev. 3/2/06
Town of Sonthold (GreenportlSouthold Chamber of Commerce)
County Executive Downtown Beautification
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Agreement No. 191-ECD-6420-4980-HJRl
IFMS No. SCS ECDOOOOO1l64
Agreement
This Agreement, between the County of Suffolk (County), a municipal corporation of the State of New
York, having its principal office at the County Center, Riverhead, New York 1190 I, acting through its duly
constituted Department of Economic Development & Workforce Housing (Department), located at H. Lee
Dennison Building, 2nd floor, 100 Veterans Memorial Highway, Hauppauge, New York (mailing address: Box 6100,
Hauppauge, New York 11788-0099) and Town of Southold (Contractor), a New York municipal corporation, having
its principal place of business at P.O. Box 1179, Southold, NY 11971.
The Municipality above named has been designated as a recipient of the County Executive's Downtown
Beautification funds and has heretofore expressed its desire to undertake or assist in undertaking Downtown
Beautification activities as set forth in Exhibit(s) B attached hereto. Sufficient funding exists pursuant to Resolution
1264-2005 of the Suffolk County Legislature.
Term of Agreement:
Shall be January 1, 2006 through May 31, 2007
Total Cost of Agreement:
Shall not exceed $51,000
Terms and Conditions:
Shall be as set forth in Exhibit A, B and Other Exhibits attached hereto and made part
of this Agreement.
In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below.
Town fir Southold ~ ~
By: _ ~ ~LH"
County of Suffolk
[Please print name and title under signature]
Fed. Tax~~lr.l!?f~,LI-6001939
Date:~
By:
<P~AI6b-;\1
Paul Sabatino 11
Chief Deputy County Executive
Date: -L} Iq ''-dort
Date:
Approved:
Departm"ut Economic Development &
:~rkf~orce using .
Carol n E.
govern ntal Relations Coordinator
Date: I ()-- /0-9-10 0
I '7'-
.
CERTIFICATION
') 60# /1-.
L ~
R (A 5 )" f' _ ! I herby certifies that it is not rendering any
. - , .
services or performing any function as the contract agency for the Downtown
Revitalization Program other than acting as a conduit for funding to the pertinent
Chamber of Commerce, comparable business organization or civic beautification
organization.
By:
rJ:IDOWNTOWN\CERTIFICA TION.doc
STATEMENT OF OTHER CONTRACTS
CONTRACTOR NAME
ADDRESS
CONTACT
Town of Southold
P.O. Box 1179, Southold, NY 11971
Honorable Scott A. Russsell
.
PHONE NUMBER
PROGRAM AGREEMENT CONTRACT WITH' TERM OF AGREEMENT AMOUNT
NUMBER
, Indicate (a) type of organization - County, State, Federal or Other and (b) name of Department, Agency or Organization.
912&/200612:59:00PM H:\OMNIBU5\STATE OTHER CONTRACTS.doc
Toe Economic Development LI 2
3/8106
TABLE OF CONTENTS
EXHIBIT A -
I. Contractor Responsibilities
(a) Services
(b) Qualifications and Licenses
(c) Engineering Certificate
(d) County Review
2. Term and Termination of Agreement
3. Payment for Services
(a) Limit of County's Obligations
(b) Budget
(c) Payment of Claims
(d) Claims
(e) Payments Limited to Actual Net Expenditures
(f) Taxes
(g) Travel Costs
(h) Salary Increases
(i) Agreement Subject to Appropriation of Funds
(j) Budget Deficiency Plan
(k) Comptroller's Regulations
(i) Post-Audit
4. Accounting Procedures
5. Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures
6 Financial Statements and Audit Requirements
7. Furniture, Fixtures, Equipment, Materials, Supplies
(a) Purchases, Etc. Requiring Prior Approval
(b) Purchase Practices
(c) Proprietary Interest of County
(d) Inventory Records, Controls and Reports
(e) Protection of Property in Contractor's Custody
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Toe Economic Development LI 2
3/8/06
(f) Disposition of Property in Contractor's Custody
8. Lease or Rental Agreements
9. Loan Approval
10. Statement of Other Contracts
II. Addresses for Notices, Claims and Reports
12. Offset of Arrears or Default
13. Gratuities
14. Independent Contractor
IS. Insurance
16. Indemnification
17. Nondiscrimination in Employment & Affirmative Action
18. Nondiscrimination in Services
19. Nonsectarian Declaration
20. Work Experience Participation
21. Promotions and Advertisements
22. Publications, Copyrights and Patents
23. Cooperation On Claims
24. Assignment and Subcontracting
25. Severability; No Implied Waiver
26. Merger; No Oral Changes
27. Living Wage
28. Child Sexual Abuse Reporting Policy
29. Public Disclosure
30. Certification
31. Civil Actions
32. Set-Off Rights
33. Prohibition Against Contracting with Corporations that Reincorporate Overseas
34. Union Organizing Local Law 26-2003
35. Governing Law
36. Force Majeure
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Exhibit B - Suffolk County Contract Form
Other Exhibits:
Suffolk County Legislative Requirements Exhibit For Contracts
I Suffolk County Living Wage Requirements
"Suffolk County Living Wage Requirements Exhibit As Last Revised by the
Suffolk County Department of Labor on 5112/04" (2 pages).
II Contractor'sNendor's Public Disclosure Statement Form SCEX 22; rev.
3/30/04 (form consists oftwo pages; requires signature & notarization)
III Union Organizing CertificationlDeclaration - Subject to Audit; rev. 6/05
Form LO 1 (consists of 2 pages)
G:\bsauerIOMNIBUSICONTRACTSILine Item 2M TOC rev 3-08-06,doc
Exhibit A
1. Contractor Responsibilities
(a) Services
The Contractor shall provide the services described in the Suffolk County
Contract Form, which is attached to and made part ofthis Agreement as Exhibit S, in
accordance with the provisions of this Exhibit A.
The provisions of this Exhibit A shall prevail over inconsistent provisions of arlY
other Exhibit, and over any other document not specifically referred to in this Agreement
or made part thereof by this Exhibit A or by subsequent amendment in writing and signed
by both parties, except to the extent that provisions of this Exhibit A are specifically
referred to and amended or superseded by such amendment.
(b) Qualifications and Licenses
The Contractor specifically represents and warrants that it has and shall possess,
and that, to the extent applicable, its employees, agents and subcontractors have and shall
possess, the required education, knowledge, experience and character necessary to
qualify them individually for the particular duties they perform and that the Contractor
has and shall have, and, to the extent applicable, its employees, agents and subcontractors
have and shall have, all required authorization(s), certificates(s), certifications(s),
registration( s), licensee s), permit( s) or other approval( s) required by the State, County or
local authorities for the Services (hereinafter called "License").
( c) Engineering Certificate
The Contractor shall submit proofto or along with any plans, reports,
specifications, permit or other applications, analyses or other engineering work required
to be submitted to the Department for approval under this Agreement the Certificate(s) of
Authorization, issued pursuant to S 7210 of the New York Education Law, of its
consultants, subconsultants, subcontractors, and/or any other entity (including, but not
limited to, Contractor and any of its subsidiaries, divisions, affiliates or an entity under
the control of Contractor) performing all or part of the engineering services necessary
hereunder. Failure to file, submit or maintain said Certificate(s) shall be grounds for
rejection of any plans, reports, specifications, permit or other applications, analyses or
other engineering work submitted for approval under the terms of this Agreement.
(d) County Review
It is agreed that the nature and extent of the services provided pursuant to this
Agreement shall be subject to the general supervision of the County and that the
Department, through its duly authorized representatives, has the right to monitor and
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evaluate the program. The Department shall be the sole arbiter as to what constitutes
acceptable performance in meeting the aforementioned responsibilities.
2. Term and Termination of Agreement
a. Term
This Agreement shall cover the period provided on the first page thereof,
unless sooner terminated as provided below.
b. Termination by County in the Public Interest
Notwithstanding anything herein to the contrary, in the event that the
Commissioner ofthe Department (hereinafter, the "Commissioner), or
his/her designee, determines, in his/her sole discretion, that termination is
in the best interests ofthe County, the County reserves the right to
terminate this Agreement for any reason at any time. Such termination
shall occur upon thirty (30) days notice of intent to terminate to the
Contractor. Contractor shall have an opportunity for consultation with the
Commissioner prior to termination.
c. Termination for Cause
i. If the Contractor fails to fulfill in a timely and proper manner its
obligations under this Agreement, or if the Contractor becomes
bankrupt or insolvent or falsifies its records or reports, or misuses
its funds from whatever source, the County may terminate this
Agreement in whole or with respect to any identifiable part of the
program, effective immediately, or, at its option, effective at a later
date specified in the notice of such termination to the Contractor.
ii. A failure to maintain the amount and types of insurance required
by this Agreement may result in immediate termination ofthis
Agreement, in the sole discretion ofthe Commissioner. No prior
notice to cure and of intent to terminate shall be required.
iii. An emergency or other condition involving possible loss of life,
threat to health and safety, destruction of property or other
condition deemed to be dangerous, in the sole discretion of the
Commissioner, may result in immediate termination of this
Agreement, in whole or with respect to any identifiable part of the
program, in the sole discretion ofthe Commissioner. In such event,
no prior notice to cure and of intent to terminate shall be required.
iv. Failure to comply with federal, State or local laws, rules,
regulations, or County policies or directives, may result in
Page 2 of 24
LI 2 (2/06)
immediate termination of this Agreement, at the sole discretion of
the Commissioner. In such event, no prior notice to cure and of
intent to terminate shall be required.
v. A failure on the part of Contractor to observe any of the other
terms and conditions of this Agreement on its part to be observed
and performed, which failure persists after the expiration of twenty
(20) days from the date the Commissioner gives notice to cure and
of intent to terminate to the Contractor shall be deemed a breach of
contract; provided, however, that if the matter which is the subject
of the notice is of such a nature that it cannot reasonably be
corrected within twenty (20) days, then no breach of contract shall
have been deemed to have occurred if Contractor, before the
expiration of the twenty-day period, diligently commences and
prosecutes the same to completion. Soliciting bids, in good faith,
for performance of corrective work shall be deemed
commencement of such work within the purview hereof.
vi. The notice to cure and of intent to terminate shall call attention to
the existence of the failure and particularize the claimed failure in
reasonable detail. The notice shall also state the intended date of
termination.
vii. After a breach of contract has occurred, the Commissioner or
his/her designee, in his/her sole discretion, may terminate the
Agreement. The Commissioner shall give written notice of such
termination and the Agreement shall expire as fully and completely
as if that date were the date herein originally fixed for the
expiration of the term.
viii. Upon termination pursuant to the foregoing paragraph, Contractor
acknowledges and agrees that it shall not be entitled nor shall it
make a claim for lost profits or loss of anticipated earnings because
of termination.
d. Notice of Termination
i. Notice of termination must be in writing, signed by an authorized
official, and sent to the other party by certified mail, or by
messenger, and receipt shall be requested. Notice of termination
shall be deemed delivered as ofthe date of its posting by certified
mail or at the time it is delivered to the other party by messenger.
ii. Upon due notice of termination and as may be requested by the
Department, the Contractor shall provide the County with any
information, records, or reports that are within the purview of this
Agreement, subject to any applicable provisions oflaw or
Page 3 of24
LI 2 (2/06)
regulations. The Contractor shall also relinquish title and
possession of any furniture, fixtures, equipment, materials or
supplies as specified in this Agreement.
iii. Upon receipt of a termination notice pursuant to the foregoing
paragraph, the Contractor shall promptly discontinue all services
affected unless otherwise directed by the notice of termination.
e. Payments upon Termination
i. The County shall be released from any and all responsibilities and
obligations arising from the Program covered by this Agreement,
effective as of the date of termination, but the County shall be
responsible for payment of all claims for services provided and
costs incurred by the Contractor prior to termination of the
Agreement, that are pursuant to, and after the Contractor's
compliance with, the terms and conditions of this Agreement.
ii. Upon termination, the Contractor agrees to promptly reimburse to
the County, by check payable to the Suffolk County Treasurer, the
balance of any funds paid to the Contractor by the County. Upon
termination, any funds paid to the Contractor by the County which
were used by the Contractor in a manner that failed to comply with
the terms and conditions of this Agreement must be promptly
reimbursed. If there is no response or if satisfactory repayments are
not made, the County may recoup such payments from any
amounts due or becoming due to the Contractor from the County
under this Agreement or otherwise. The provisions of this
subparagraph shall survive the expiration or termination of the
Agreement.
f. Termination By Contractor
The Contractor may terminate this Agreement by giving not less than sixty
(60) days prior written notice (or thirty (30) days written notice if
substantial breach of contract is involved) to the Department, specifying
the reasons for termination and the effective date of termination.
3. Payment for Services
(a) Limit of County's Obligations
The maximum amount to be paid by the County as set forth on the cover page of
this Agreement shall constitute the full obligation of the County in connection with this
Agreement and any matter arising therefrom.
Page 4 0[24
LI 2 (2/06)
(b) Budget
The Contractor expressly represents and agrees that the Budget, which is attached
hereto and made a part hereof as Exhibit B, lists all personnel and/or all other costs of
services to be rendered by the Contractor under this Agreement, and the County agrees to
provide a sum not to exceed the amount set forth on the cover page of this Agreement as
its share of the cost of furnishing such services.
(c) Payment of Claims
The County, at it's option, may agree to pay the Contractor in advance an amount
not to exceed one sixth (1/6) of the Total Cost of Agreement for services provided and
costs incurred pursuant to this Agreement upon receipt of a claim voucher for that
amount as approved by the County. Payment under this Agreement shall not duplicate
payment from any other source(s) for Contractor costs and services funded pursuant to
this Agreement. Payment by the County shall be made within thirty (30) days after
approval by the Comptroller of the County of Suffolk.
(d) Claims
Together with this Agreement, the Contractor shall submit a standard Suffolk
County Payment Voucher listing all information regarding the services and other items
for which expenditures have been or will be made in accordance with Exhibit B during
the term ofthis Agreement. Either with the Agreement (for services already rendered
and expenditures already made), and/or not more than 30 days after the expenditures
were made and in no event after the 31 st day of January following the end of the term of
this Agreement, the Contractor shall furnish the Department with detailed documentation
in support of the payment for services or expenditures under this Agreement, e.g. dates of
service, worksite locations and activities, hours worked and pay rate and/or by program
budget categories if Exhibit B contains budget lines. Disbursements provided for in
Exhibit B shall be paid by the Contractor and documentation, including any other form(s)
required by the Department or the Suffolk County Department of Audit & Control, shall
be furnished to the Department pursuant to, and as limited by, the Regulations for
Accounting Procedures for Contract Agencies of the Suffolk County Department of
Audit and Control. The Contractor shall be entitled to no more than compensation and/or
reimbursement as provided in this Agreement for the completion of all work, labor and
services contemplated in this Agreement, and in full reimbursement of all travel and other
expenses of every nature and kind whatsoever, notwithstanding the total amount of time
expended or expenses actually incurred. In addition to any other remedies that the
County may have, failure to supply the required documentation will disqualifY the
Contractor from any further County contracts.
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LI 2 (2/06)
(e) Payments Limited to Actual Net Expenditures
The Contractor agrees that if, for any reason whatsoever, the Contractor shall
spend during the term of the Agreement for the purposes set forth in this Agreement an
amount less than, or receive amounts more than, provided in the Budget, the total County
payment under this Agreement shall be reduced to the net amount of approved actual
Contractor expenditures made for such purposes, and that the total amount to be paid by
the County shall not exceed the lesser of (i) approved actual net expenditures or (ii) the
Total Cost of the Agreement on the cover page and in the Budget. Upon termination or
expiration of this Agreement, if the Contractor's total amount of allowable expenses are
less than the total amount of the payments made during the term, the Contractor shall
prepare a check payable to the order of the Suffolk County Treasurer for the difference
between the two amounts and include such payment with the claim voucher submitted to
the County.
(I) Taxes
The charges payable to the Contractor under this Agreement are exclusive of
federal, state and local taxes, the County being a municipality exempt from the payment
of such taxes.
(g) Travel Costs
The Contactor agrees that reimbursement for travel costs will not exceed amounts
allowed County employees.
(h) Salary Increases
No salary, wage or other compensation for services shall be increased over the
amount stated in the Budget without the prior written approval of the County.
(i) Agreement Subject to Appropriation of Funds
This Agreement is subject to the amount of funds appropriated and any
subsequent modifications thereof by the Suffolk County Legislature, and no liability shall
be incurred by the County under this Agreement beyond the amount of funds
appropriated by the Legislature for the program covered by this Agreement.
(j) Budget Deficiency Plan
The County has imposed and may impose a budget deficiency planes). Upon
written notification from the Department, the Contractor shall comply with the same
restrictions as are imposed upon the Department, a copy of which will be furnished with
such notification and shall thereupon be deemed to be incorporated by reference in and
made part of this Agreement.
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(k) Post-Audit
All payments made under this Agreement are subject to audit by the Suffolk
County Comptroller pursuant to Article V of the Suffolk County Charter. The Contractor
further agrees that the County Comptroller and the Department shall have access to and
the right to examine, audit, excerpt, copy or transcribe any pertinent transactions or other
records relating to services under this Agreement. It the Contractor fails to cooperate
with an audit by the Comptroller, the County shall have the right to suspend or partially
withhold payments under this Agreement or 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 ofrepayment 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 subparagraph shall survive the
expiration or termination of the Agreement.
4. Accounting Procedures
(a) The Contractor agrees to maintain accounts, records, documents, and other
evidence and accounting procedures and practices which sufficiently and properly reflect
all direct and indirect costs of any nature expended in the performance of the Agreement
in accordance with generally accepted accounting principles, as promulgated by the
County Department of Audit and Control and any financial directives promulgated by the
Department.
(b) All records shall be subject at all reasonable times to inspection, review, or
audit by personnel duly authorized by the Department or by the County Comptroller or
his duly designated representative only to verify that payments were properly made and
to verify the nature and extent of costs of applicable services provided by Contractor.
Such access is granted notwithstanding any exemption from disclosure that may be
claimed for those records which are subject to nondisclosure agreements, trade secrets
and commercial information or financial information that is privileged or confidential.
S. Personnel Salaries, Pension and Employee Benefit Plans, Rules and
Procedures
Whenever requested by the Department or the Department of Audit and Control,
the Contractor shall submit to the Department a certified copy of its current salary scale
for all positions listed in the Budget, a copy of its personnel rules and procedures and any
subsequent modifications thereof, a copy of its pension plan and any other employee
benefit plans or arrangements, and any amendments thereto, for review and approval, and
Page 7 of24
LI 2 (2/06)
such additional financial information in connection therewith, as may reasonably be
requested by the Department of the Department of Audit and Control. The Contractor
shall not be entitled to reimbursement for costs under any such plans or arrangements that
are unreasonable in the opinion of the Suffolk County Comptroller when compared to
current market costs for similar plans or arrangements between unrelated parties. In the
case of any such plan or arrangement that is self- funded by the Contractor directly or by
payments to a related entity, upon request by the Department or the Department of Audit
and Control, the Contractor shall submit a reconciliation of the total amount claimed for
reimbursement of payments under such plan or arrangement with actual cost incurred,
and any auditable administrative or claims processing expenses, by the Contractor or
related entity on behalf of the Contractor and its employees.
6. Financial Statements and Audit Requirements
(a) Notwithstanding any other reporting or certification requirements of
Federal, State or local authorities, the Contractor shall obtain the services of an
independent licensed public accountant or certified public accountant (the "Auditor") 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 financial condition and
operations of the Contractor, including a balance sheet and statement of income and
expenses, attested by the Auditor as fairly and accurately reflecting the accounting
records of the Contractor in accordance with generally accepted accounting principles.
The Contractor is encouraged to solicit requests for proposals (RFPs) from a number of
qualified accounting firms and to review carefully the costs of, and 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.
(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 Contractor
may be operating. The use of subsidiary schedules should be encouraged for this purpose.
The Auditor must also prepare a management letter based on the audit.
(d) Furthermore, if the Contractor is a non-profit organization or unit of local
government and expends $500,000 or more of Federal monies, whether as a recipient
expending awards received directly from Federal awarding agencies, or as a subrecipient
expending Federal awards received from a pass-through entity, such as New York State
Page 8 of24
LI 2 (2/06)
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 certified 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 11788-0099, as soon as possible after the end of the
Contractor's fiscal year. The statement should include ALL Federal funding received
directly from the Federal goverrnnent 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) atld other audit reports, if required, must be transmitted to the
Department and to the Executive Director of Auditing Services at the address just set
forth. The reports must be submitted within thirty (30) days after completion of the audit,
but in no event later than nine (9) months after the 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 representatives or Federal or State auditors from auditing
the records ofthe Contractor. Therefore, the records of the Contractor must be made
available to authorized representatives of Federal, State or County goverrnnent for that
purpose.
The provisions of the foregoing subparagraphs (a) through (g) of this paragraph
shall survive the expiration or termination of this Agreement.
7. Furniture, Fixtures, Equipment, Materials, Supplies
(a) Purchases, Etc. Requiring Prior Approval
Prior to placing any order to purchase, rent or lease any furniture, fixtures, or
equipment (i) valued in excess of three hundred dollars ($300.00) per unit, or (ii)
included but not itemized in the Budget, the Contractor shall submit to the County a
written request for approval to make such a proposed purchase, rental or lease, with a list
showing the quantity and description of each item, its intended location and use,
estimated unit price or cost, extended price or cost and estimated total cost of the
proposed order. Written approval of the County shall be required before the Contractor
may proceed with such proposed purchase, rental or lease of furniture, fixtures or
equipment. All items purchased must be new unless specifically described otherwise in
the Budget.
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(b) Purchase Practices
The Contractor agrees to follow all of the general practices that are designed to
obtain furniture, fixtures, equipment, materials or supplies at the most reasonable price or
cost possible. The County reserves the right to purchase or obtain for the Contractor
furniture, fixtures, equipment, materials or supplies which shall be in accordance with the
progranunatic needs ofthis Agreement. If the County exercises this right, the amount
budgeted for the items so purchased or obtained by the County for the Contractor shall
not be available to the Contractor for any purpose whatsoever. Title to any such items
purchased or otherwise obtained by the County for the Program and entrusted to the
Contractor shall remain in the County, and the Contractor shall attach labels indicated the
County's ownership if the County has not done so.
(c) Proprietary Interest of County
The County shall retain a proprietary interest in all furniture, removable fixtures,
equipment, materials or supplies purchased or obtained by the Contractor and paid for or
reimbursed to the Contractor pursuant to the terms of this Agreement or any prior
agreement. Upon the termination of this Agreement, or of any renewal thereof, the
discontinuance of the business of the Contractor, the failure of the Contractor to comply
with the terms of this Agreement, the bankruptcy of the Contractor, an assignment for the
benefit of its creditors, or the failure of the Contractor to satisfy any judgment against it
within thirty (30) days of filing, the County shall have the right to take title to and
possession of all such furniture, removable fixtures, equipment, materials and supplies,
and the same shall thereupon become the property of the County without any claim for
reimbursement on the part of the Contractor. As directed by the County, the Contractor
shall attach identifying labels on all furniture, removable fixtures and equipment
indicating the proprietary interest of the County.
(d) Inventory Records, Controls and Reports
The Contractor shall maintain proper and accurate inventory records and controls
for all such furniture, removable fixtures and equipment acquired pursuant to this
Agreement and all prior agreements, if any, covering the Program. Three (3) months
before the termination date of this Agreement, the Contractor shall make a physical count
of all items of furniture, removable fixtures and equipment in its custody, checking each
item against the aforesaid inventory records. A report setting forth the results of such
physical count shall be prepared by the Contractor on a form or forms designated by the
County, certified and signed by an authorized official of the Contractor, and one (I) copy
thereof shall be delivered to the County within five (5) days after the date set for the
aforesaid physical count. Within five (5) days after the termination date of this
Agreement, the Contractor shall submit to the County six (6) copies of the same report
updated to the termination date of this Agreement, certified and signed by an authorized
official of the Contractor, based on a physical count of all items of furniture, removable
fixtures and equipment on the aforesaid termination date, and revised, if necessary, to
Page 10 of24
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include any inventory changes during the last three (3) months of the term of this
Agreement.
(e) Protection of Property in Contractor's Custody
The Contractor shall maintain vigilance and take all reasonable precautions to
protect the furniture, fixtures, equipment, material or supplies in its custody against
damage or loss by fire, burglary, theft, disappearance, vandalism or misuse. In the event
of burglary, theft, vandalism or disappearance of any item of furniture, fixtures,
equipment, material or supplies, the Contractor shall immediately notify the police and
make a record thereof, including a record of the results of any investigation which may be
made thereon. In the event of loss of or damage to any item of furniture, fixtures,
equipment, materials or supplies from any cause, the Contractor shall immediately send
the County a detailed written report thereon.
(f) Disposition of Property in Contractor's Custody
Upon termination of the County's funding of the Program covered by this
Agreement or by any renewal hereof, or at any other time that the County may direct, the
Contractor shall make access available and render all necessary assistance for physical
removal by the County or its designee of any or all furniture, removable fixtures,
equipment, materials or supplies in the Contractor's custody in which the County has a
proprietary interest, in the same condition as such property was received by the
Contractor, reasonable wear and tear excepted. Any disposition, settlements or
adjustments connected with such property shall be in accordance with the rules and
regulations of the County and the State of New York.
8. Lease or Rental Agreements
If lease payments or rental costs are included in the Budget as an item of expense
reimbursable by the County, the Contractor agrees to submit to the Department, on
request, any lease and/or rental agreement that the Contractor has entered into for space,
furniture, fixtures or equipment for the program and, in advance, any such new or
renewal lease or agreement during the term of this Agreement, accompanied (in the case
of a lease of space) by a detailed layout of the premises, which indicates the space that is
to be occupied by the County funded program.
9. Loan Approval
The Contractor agrees that, in the event that the County provides funding (under
this Agreement and otherwise) exceeding in the aggregate 20 percent of the Contractor's
total funding for all of its operations from all sources, then the Contractor must secure the
prior approval of the County for any loan in excess of $5,000.00.
Page 11 of 24
LI 2 (2/06)
10. Statement of Other Contracts
The Contractor has attached, and in the event of any change, will attach to any
extension agreement/amendment of this Agreement, a Statement of Other Contracts in
the form annexed to this Agreement. The Contractor represents and warrants that any
such Statement of Other Contracts is and will be a complete list of all other contracts (i)
which are currently in effect or (ii) which have expired within the past 12 months and
have not been renewed, and under which funds have been, are being or will be received
by the Contractor from any department or agency ofthe County, the United States of
America, the State of New York or other municipalities or organizations.
11. Addresses for Notices, Claims and Reports
a. Notices, Relating to Payments, Reports or Other Submissions.
Any communication, notice, claim for payment, report, or other submission
necessary or required to be made by the parties regarding this Agreement shall be
in writing and shall be given to the County or the Contractor or their designated
representative at the following addresses or at such other address that may be
specified in writing by the parties and must be delivered as follows:
For the Department:
By Registered or Certified Mail in Postpaid Envelope or by
Nationally Recognized Courier Service
Suffolk County Department of Economic Development &
Workforce Housing
H. Lee Dennison Building
100 Veterans Memorial Highway, 2nd Floor
Hauppauge, New York 11788
and
For the Contractor:
By Registered or Certified Mail in Postpaid Envelope or by
Nationally Recognized Courier Service
At the address set forth on page one of this Agreement, attention of the person
who executed this Agreement or such other designee as the parties may agree in
writing.
Page 12 of24
Ll 2 (2/06)
b. Notices Relating to Insurance
Any communication, notice or other submission regarding insurance requirements
under this Agreement shall be in writing and shall be given to the County or the
Contractor or their designated representative at the following addresses or at such
other addresses that may be specified in writing by the parties and must be
delivered as follows:
For the Department:
By Registered or Certified Mail in Postpaid Envelope or by
Nationally Recognized Courier Service
Suffolk County Department of Economic Development &
Workforce Housing
H. Lee Dennison Building
100 Veterans Memorial Highway, 2nd Floor
Hauppauge, New York 11788
and
Christine Malafi, County Attorney
Suffolk County Department of Law
H. Lee Dennison Building
100 Veterans Memorial Highway
Hauppauge, New York 11788
and
For the Contractor:
By Registered or Certified Mail in Postpaid Envelope or by
Nationally Recognized Courier Service
At the address set forth on page one of this Agreement, attention of the person
who executed this Agreement or such other designee as the parties may agree in
writing.
c. Notices Relating to Indemnification and Termination
Any communication or notice regarding indemnification or termination shall be in
writing and shall be given to the County or the Contractor or their designated
representative at the following addresses or at such other addresses that may be
specified in writing by the parties and must be delivered as follows:
Page 13 of24
Ll 2 (2/06)
For the County:
By Registered or Certified Mail in Postpaid Envelope or by
Nationally Recognized Courier Service
Suffolk County Department of Economic Development &
Workforce Housing
H. Lee Dennison Building
100 Veterans Memorial Highway, 2nd Floor
Hauppauge, New York 11788
and
Christine Malafi, County Attorney
Suffolk County Department of Law
H. Lee Dennison Building
100 Veterans Memorial Highway
Hauppauge, New York 11788
and
For the Contractor:
By Registered or Certified Mail in Postpaid Envelope or by
Nationally Recognized Courier Service
At the address set forth on page one of this Agreement, attention of the person
who executed this Agreement or such other designee as the parties may agree in
writing.
d. Notices sent under paragraphs a, b, and, c above shall be deemed to have
been duly given (i) if mailed by registered or certified mail, upon the
seventh business day after the mailing thereof; or (ii) ifby nationally
recognized overnight courier service, upon the first business day
subsequent to the transmittal thereof.
e. Each party shall give prompt written notice to the other party of the
appointment of successor( s) to the designated contact person( s) or his or
her designated successor(s).
f. Notices Relating to Litigation
Page 140[24
LI 2 (2/06)
i. Any notice by either party to the other with respect to the
commencement of any lawsuit or legal proceeding against the
other, shall be effected pursuant to and governed by the New York
State Civil Practice Law and Rules or the Federal Rules of Civil
Procedure, as applicable.
ii. In the event the Contractor receives a notice or claim or
becomes a party (plaintiff, petitioner, defendant, respondent, third
party complainant, third part defendant) to a lawsuit or any legal
proceeding related to this Agreement, the Contractor shall
immediately forward to the County Attorney, at the addresses set
forth in sub-paragraph b above, copies of all papers filed by or
against the Contractor. Notices shall be as provided in paragraph
(c) above.
12. Offset of Arrears or Default
The Contractor warrants that it is not, and shall not be during the term of this
Agreement, in arrears to the County for taxes or upon debt or contract and is not, and
shall not be during the term of this Agreement, in default as surety, contractor or
otherwise on any obligation to the County, and the Contractor agrees that the County may
withhold the amount of any such arrearage or default from amounts payable to the
Contractor under this Agreement.
13. 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 favorable treatment with respect
to the awarding or amending of any 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).
14. Independent Contractor
The relationship of the Contractor to the County shall be that of an independent
contractor and neither the Contractor nor any person hired by the Contractor shall be
considered employees of the County for any purpose.
15. Insurance
(a) The Contractor agrees to procure, pay the entire premium for and maintain
throughout the term of this Agreement insurance in amounts and types specified
Page 15 of24
Ll 2 (2/06)
by the County. The Contractor agrees to require that all if its contractors, in
connection with work performed for the Contractor related to this Agreement,
procure, pay the entire premium for and maintain throughout the term of this
Agreement insurance in amounts and types equal to that specified by the County
for the Contractor. Unless otherwise specified by the County and agreed to by the
Contractor, in writing, such insurance will 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 ($100,000.00) for property
damage per occurrence; and
(iii) Worker's Compensation and Employer's Liability
insurance in compliance with all applicable New York State 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 SS57 and 220 of the Workers'
Compensation Law. In accordance with General Municipal Law
S 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 such employees as are required to
be covered by the provisions of the Workers' Compensation Law.
(iv) Professional LiabilitylErrors and Omissions Insurance
in an amount not less than Two Million Dollars ($2,000,000.00) on
either a per occurrence or claims made coverage basis.
(b) All policies providing such coverage shall be issued by insurance
companies with an 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
Page 16 of24
LI 2 (2/06)
Declaration Page and endorsement page evidencing the County's status as an
additional insured on said policy.
(d) All such Declaration Pages, certificates and other evidence of
insurance shall provide for the County of Suffolk to be notified in writing thirty
(30) days prior to any cancellation, non-renewal or material change in said
policies. Such Declaration Pages, certificates, policies and other evidence of
insurance and notices shall be mailed to the Department at its address set forth in
the paragraph entitled "Notices and Contact Persons" or at such other address of
which the County shall have given the Contractor notice in writing.
(e) In the event the Contractor shall fail to provide the Declaration
Pages or certificates of insurance or to maintain any insurance required by
this Agreement, the County may, but shall not be required to, obtain such policies
and deduct the cost thereof from payments due to the Contractor under this
Agreement or any other agreement between the County and the 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.
(g) The Contractor shall defend, indemnify and hold harmless the
County, its consultants, officers, employees, agents and other persons from and
against all claims, costs, judgments, liens, encumbrances, expenses, and attorneys'
fees, arising out of the acts, omissions or negligence of the Contractor, its agents,
employees, subconsultants, contractors or subcontractors in connection with the
services described or referred to in this Agreement (including the purchase or use
hereunder of any equipment, fixtures, furniture, materials or supplies).
16. 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, 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.
Page 170[24
L1 2 (2/06)
17. Nondiscrimination in Employment & Affirmative Action
The Contractor agrees in connection with the performance of this Agreement as
follows:
(a) The Contractor shall not discriminate against employees or applicants for
employment because of race, creed, color, national origin, sex, sexual preference, age,
disability, 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, upgradings, demotion,
transfer, layoff, or termination and rates of payor other forms of compensation.
(b) The Contractor shall require each employment agency, labor union or
authorized representative of workers, with which it has a collective bargaining or other
agreement or understanding, to furnish a written statement that such employment agency,
labor union or representative will not discriminate on the basis of race, creed, color,
national origin, sex, sexual preference, age, disability, military status or marital status and
that such union or representative will affirmatively cooperate in the implementation of
the Contractor's obligations herein.
(c) The Contractor shall state, in all solicitations or advertisements for
employees, that, in the performance of this Agreement, all qualified applicants will be
afforded equal employment opportunities without discrimination because of race, creed,
color, national origin, sex, sexual preference, age, disability, military status or marital
status.
18. Nondiscrimination in Services
(a) Furthermore, the Contractor, in providing services under this Agreement,
shall not, on the grounds of race, creed, color, national origin, sex, sexual preference, age,
disability, or marital status:
(i) Deny an individual any services or other benefits provided under
the program:
(ii) Provide any services or other benefits to an individual which are
different, or are provided in a different manner, from those provided to others
under the program;
(iii) Subject an individual to segregation or separate treatment in any
matter related to his/her receipt of any services or other benefits provided under
the program;
Page 18 of24
Ll 2 (2/06)
(iv) Restrict an individual in any way in the enjoyment of any
advantage or privilege enjoyed by others receiving any services or other benefits
provided under the program;
(v) Treat an individual differently from others in determining whether
or not the individual satisfies any eligibility or other requirements or conditions which
individuals must meet in order to receive any aid, care, services, or other benefits
provided under the program.
(b) The Contractor shall not utilize criteria or methods of administration
which have the effect of subjecting individuals to discrimination because of their race,
creed, national origin, sex, sexual preference, age, disability or marital status or have the
effect of defeating or substantially impairing accomplishment of the objectives of the
program in respect to individuals of a particular race, creed, national origin, sex, sexual
preference, age, disability or marital status, in determining:
(i) The types of services or other benefits to be provided under the
program, or
(ii) The class of individuals to whom, or the situations in which, such
services or other benefits will be provided under the program, or
(iii) The class of individuals to be afforded an opportunity to participate
in the program.
(c) The Contractor also agrees to observe all applicable Federal Regulations
contained in 45 CFR, Parts 84 and 85 entitled "Non-Discrimination on the Basis of
Handicap in Program Activities Receiving or Benefiting from Federal Financial
Assistance."
(d) The Contractor agrees to comply with the requirements of the Civil Rights
Act of 1964.
19. Nonsectarian Declaration
The Contractor agrees that all services performed under this Agreement are
secular in nature, that no funds received pursuant to this Agreement will be used for
sectarian purposes or to further the advancement of any religion, and that no services
performed under this program will discriminate on the basis of religious belief.
Furthermore, the Contractor agrees that all program services are and will be available to
all eligible individuals regardless of religious belief or affiliation.
20. Work Experience Participation
If the Contractor is a nonprofit or governmental agency or institution, each of the
Contractor's locations in Suffolk County at which services are provided under this
Page 190f24
LI 2 (2/06)
Agreement shall be a work site for public-assistance clients of Suffolk County pursuant
to Local Law No. 15-1993 at all times during the term of this Agreement. Ifno
Memorandum of Understanding ("MOU") with the Suffolk County Department of Labor
for work experience is in effect at the beginning of the term of this Agreement, the
Contractor, if it is a nonprofit or governmental agency or institution, shall enter into such
MOU as soon as possible after the execution of this Agreement and failure to enter into
or to perform in accordance with such MOU shall be deemed to be a failure to perform in
accordance with this Agreement, for which the County may withhold payment, terminate
this Agreement or exercise such other remedies as may be appropriate in the
circumstances.
21. Promotions and Advertisements
If publicity is provided for the program, it is the responsibility of the Contractor to
have an identifying logo on any printed material and on all brochures, flyers, and
advertisements (including without limitation television graphics) as follows:
Full or Partial Funding Provided by the Suffolk County Department of Economic
Development.
Any announcements of the Program on radio or television must identify funding
in the same manner.
22. Publications, Copyrights and Patents
(a) The Contractor shall not issue or publish any book, article, announcement,
report or other publication relating to the subject program without prior written
permission from the County. Any such publication shall bear a statement
acknowledging the cooperation and lor funding by the County of Suffolk- Steve Levy,
County Executive.
(b) If the work of the Contractor under this Agreement should result in the
production of original books, manuals, films, or other materials for which a copyright
may be granted, the Contractor may secure copyright protection. However, the County
reserves, and the Contractor hereby gives to the County, and to any other municipality or
government agency or body designated by the County, a royalty-free, nonexclusive
license to produce, reproduce, publish, translate or otherwise use any such materials.
23. Cooperation On Claims
The Contractor agrees to render diligently to the County any and all cooperation,
without additional compensation, that may be required to defend the County against any
claims, demand, or action that may be brought against the County in connection with this
Agreement.
Page 20 of24
LI 2 (2/06)
24. 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 thereunder, to any other person or corporation, without the prior consent in
writing of the County, and any attempt to do any ofthe 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
Department. Such subcontracts shall be subject to all of the provisions of this Agreement
and to such other conditions and provisions as the Department 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 Department
of any subcontract shall provide for the incurrence of any obligation by the County in
addition to the total agreed upon price. The Contractor shall be responsible for the
performance of any subcontractor for the delivery of service.
25. Severability; No Implied Waiver
(a) It is expressly agreed that if any term or provision of the Agreement, or
the application thereofto any person or circumstance, shall, to any extent, be held invalid
or unenforceable, the remainder of this Agreement, or the application of such term or
provision to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and every other term and provision of this
Agreement shall be valid and shall be enforced to the fullest extent permitted by law.
(b) 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.
26. Merger; No Oral Changes
It is expressly agreed that this Agreement represents the entire agreement of the
parties, that all previous understandings are merged in this Agreement, and that no
modification ofthis Agreement shall be valid unless written and executed by both parties.
Page 21 of 24
LI 2 (2/06)
27. 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 ofthe 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 is familiar with the
requirements of Section 6 of Chapter 347 of the Suffolk County Local Law No. 12-2001,
the Living Wage Law. Suffolk County Local Laws, Rules and Regulations can be found
on the Suffolk County web site at www.co.suffolk.nv.us Click on "Laws of Suffolk
County" under "Suffolk County Links".
28. Child Sexual Abuse Reportiug Policy
The Contractor represents and warrants that it has read and is familiar with the
requirements of Suffolk County Child Sexual Abuse Reporting Policy, Chapter 577,
Article IV, of the Suffolk County Code, 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. Suffolk County Local
Laws, Rules and Regulations can be found on the Suffolk County web site at
www.co.suffolk.nv.us Click on "Laws of Suffolk County" under "Suffolk County
Links" .
29. Public Disclosure
The Consultant represents and warrants that Consultant has filed with the
Comptroller of Suffolk County the verified public disclosure statement required by
Suffolk County Administrative Code Section A5-7 and shall file an update of such
statement with the said Comptroller on or before the 31 st day of January in each year of
this Agreement's duration. The Consultant acknowledges that such filing is a material,
contractual and statutory duty and that the failure to file such statement shall constitute a
material breach of this Agreement, for which the County shall be entitled, upon a
determination that such breach has occurred, to damages, in addition to all other legal
remedies, of fifteen percent (15%) of the amount of the Agreement.
30. Certification
The parties to this Agreement hereby certify that, other than the funds provided in
this Agreement and other valid Agreements with the County, there is no known
Page 22 of24
LI 2 (2/06)
relationship within the third degree of consanguinity, life partner or business,
commercial, economic, or financial relationship between the parties, the signatories to
this Agreement, and any partners, members, directors, or shareholders of five percent
(5%) (or more) of any party to this Agreement.
31. Civil Actions
The Contractor represents that it shall not use any of the moneys received under
this Agreement, either directly or indirectly, in connection with the prosecution of any
civil action against the County of Suffolk or any of its programs, funded by the County,
in part or in whole, in any jurisdiction or any judicial or administrative forum.
32. Set-Off Rights
The County shall have all of its common law, equitable, and statutory rights of
set-off. These rights shall include, but not be limited to, the County's option to withhold,
for the purposes of set-off, any moneys due to the Contractor under this contract up to
any amounts due and owing to the County with regard to this contract and/or any other
contract with any County department or agency, including any contract for a term
commencing prior to the term of this contract, plus any amounts due and owing to the
County for any other reason including, without limitation, tax delinquencies, fee
delinquencies or monetary penalties relative thereto. The County shall exercise its set-off
rights in accordance with normal County practices including, in cases of set-off pursuant
to an audit, the finalization of such audit by the County agency, its representatives, or the
County Comptroller, and only after legal consultation with the County Attorney.
33. Prohibition against Contracting with Corporations that Reincorporate
Overseas
The Contractor represents that it is in compliance with 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.
34. Union Organizing - Local Law No. 26-2003
The Contractor represents and warrants that it has read and is familiar with the
requirements of Article I, Chapter 466 of the Suffolk County Local Laws, "Use of
County Resources to Interfere with Collective Bargaining Activities". County
Contractors (as defined) shall comply with all requirements of Local Law No. 26-2003
including the following prohibitions:
(a) The Contractor shall not use County funds to assist, promote, or deter
union organizing.
Page 23 of24
LI 2 (2/06)
(b) No County funds shall be used to reimburse the Contractor for any costs
incurred to assist, promote, or deter union organizing.
(c) The County of Suffolk shall not use County funds to assist, promote, or
deter union organizing.
(d) No employer shall use County property to hold a meeting with employees
or supervisors if the purpose of such meeting is to assist, promote, or deter
union organizing.
If Contractor services are performed on County property the Contractor must
adopt a reasonable access agreement, a neutrality agreement, fair communication
agreement, nonintimidation agreement and a majority authorization card agreement.
If Contractor services are for the provision of human services and such services
are not to be performed on County property, the Contractor must adopt, at the least, a
neutrality agreement.
Under the provisions of Local Law No. 26-2003, the County shall have the
authority, under appropriate circumstances, to terminate this Agreement and to seek
other remedies as set forth therein, for violations of this Law.
35. Governing Law
This Agreement shall be governed by and construed in accordance the laws of the
State of New York, without regard 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.
36. Force Majeure
Neither party shall be held responsible for any delay or failure in performance
hereunder to the extent such delay or failure is caused by fire, flood, explosion, war,
strike, embargo, civil or military authority, act of God, act or omission of carriers, power
failure or similar causes beyond its control ("force majeure conditions"). If any force
majeure condition occurs, the party delayed or unable to perform shall give immediate
notice to the other party.
-End of Text of Exhibit A-
Page 24 of24
LI 2 (2/06)
,
('
EXHIBIT B
Suffolk County Contract Form
Name of Agency:
Address:
Town of Southold and the
GreenportlSouthold Chamber of Commerce
PO Box 1179
Southo1d.NY 11971
James McMahon
(6111 765-1283
Name of Contact Person
Phone Number:
Please type:
Principal Objective of Agency:
. 0
The Greenport/Southold Chamber of Commerce's mission is to foster trade and to
promote the general welfare and prosperity of our hamlets and advance civic,
commercial, industrial, tourism and agricultural interest inGreenport/Southold and on the North Fork o(Long Island. .
. Purpose of Grant:
(A narratwe on how youCwill spend the grant money from Suffolk County)
This funding will be used to re-develop a municipal parking lot in the center of the
Southold Business District. This parking lot reconfiguration will allow for additional
parking spaces, as well as improvements to the entrance and exits. The parking lot
improvements are part of the overall Southold Hamlet enhancement, as part of the NYS
DOT resurfacing, ornamental street lighting, landscaping, sidewalks and benches.
Budget - Detail how much of this grant you will spend on the following:
Personnel: NA
Equipment: NA
Supplies: NA
Other: Contracted Services
TOTAL: ~51.000
Federall.D. #:1.1-6001939
Attach Copy of verification of not-for-profit status. Contract will not be prepared if verification is not
SUbmitted. Also, attach copy of certificate of insurance.
CONDITIONS: Do not spend the money until your contract is fully executed. All
expenditures under this contract must be incurred by - Ih A Y 31, .;2C1C'7
PLEASE NOTE: All expenditures must demonstrate a public benefit and assist the Department of
Economic DevelopmentIWorkforce Housing with its chartered mission. County
funds may not be used for utility bills, conference attendance, taxes, travel, scholarships,
donations to other organizations, attorney fees, and incorporation expenses.
,
leqislative Sponsor: .
Romaine
SEND TO:
S.C: Department of Economic DevelopmenUWorkforce Housing
100 Veterans Memorial Highway
Hauppauge, NY 11788
Questions call: (631) 853-4800
Fundina Source:
Omnibus (Downtown)
f
,Fax sent h~ : 6318534888
Eco Deu/Wkfce Hsng
89/26-'116 11: 48 Pg: 21'5
Grantee's Name:
County of Suffolk
Program Budget - Explanation of Costs
"I. Personnel Services: Identify what contribution I task I respons:l,illty each
staff member has to the program's operation.
In-Kind Services by the Town of Southold
James Richter, Office of the Town Engineer, will be responsible
for the coordination of the project, with contractors, bid documents
and specifications and overall project implementation.
$3,825
James McMahon, Director, Department of Public Works will be
the contact person and grant liaison between the Greenport/Southold
Chamber of Commerce, the Town of South old and the Suffolk
County Office of Economic Development.
$2,550
Peter Harris, Superintendent of Highways, will be responsible for the
installation of the asphalt overlay.
$1.275
TOTAL
$7,650
II. Contracted Services: Identify the type of service each consulhr t is
providing and Its relationship to the program's operation. If Adrriristrative
costs are Included, the percentage charged as well as the components
should be spelled out within that heading,
Site Work, Demolition & Landscaping
$17,810
New Sidewalks (1,100 Sq. Ft.)
$ 6,600
New Curbing (110 Lin. Ft)
$ 1,650
New Wood Guardrail (104) Lin. Ft.)
$ 3,640
Asphalt Overlay (160 Tons)
$12,800
Ornamental Streetlights (2 X $2,500)
$ 5,000
Kiosk & Planters
$ 3.500
TOTAL
$51,000
Page 1 of4
. .
Fax sent by : &318534888
Eco Deu/Wkfce Hsng
89/26/86 11: 48
Grantee's Name:
III. Maintenance and Operations
a. EQuipment: Identify if the equipment is new or replacement, '.rld briefly
explain its relevance to the program. .
j./fY
b. Supplies: Explain the relevance ofthe supplies to the progrm..
;fir
Page 2 of4
Pg : 3/5
. ,
Fax sent b!l : 6318534888
Eco Dev/Wkfce Hsng
119/261116 11:48
Grantee's Name:
c. Utilities: Explain how the costs were calculated. Specify anc delineate
if the costs are pro-rated based on space, occupancy, or a pm<;entage
of time allocated to the program.
;//r
IV Facility Repairs / Additional Costs
a. Additional Costs: Explain the relevance and/or need of thesE' Hems to
the program.
;lit-
Page 301'4
Pg: 415
. .
Fax sent b!j : $318534988
Eco DeulUkfce Hsng
891'26/86 11 : 48
GrPtee's Name:
b. Facility ReDairs: Explain the repairs and show how they are '". general
upkeep and not for capital replacements.
}III
51
or
F
;
;
Page4of4
Pg : 5/5
I
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PROJECT COST ESTIMATES
..-...-...-...-...-...-...-...-...-...-...-...-...-...-'..-...-
NEW YORK STATE ROUTE 25
. SITE WORK
DEMOLITION &
LANDSCAPING
1,100 Sq. Fl+/-
NEW SIDEWALK
110 L.ln.Ft.+/.
NEW CURBING
104 L.ln. Ft.+f-
NEW WOOD GUARD RAIL
1.250 Sq. Yds. +1.
ASPHALT OVERLAY
(160 TONS)
STREETLIGHTS
(2 Each)
KIOSK & PLANTERS
.. $ 3,500.00
JOB
"$ 17,810.00
1,100 Sq. Ft x $ 8" $ 8,600.OQ
110 L1n.Flx $15" $ 1,650.00
111'0/-
..
104 Un. Ft. x $ 35 .. $ 3,640.00
160 TONS x $ ~o .. $12,800.00
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TOTAL PROJECT ESTIMATE:
" $51,000.00
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W
Steve Levy
Suffolk County Executive
Jim M. Morgo
Commissioner
To: Brenda Rosenberg
Labor Department
From: Carolyn E. Fahey
Intergovernmental Relations Coordinator
Date: December 15, 2006
Re: Living Wage - Non-Applicability
Attached is the Certification of the Non-Applicability of the Living Wage Law
(LW-38) for:
Town of South old (Chamber of Commerce)
Greenport/Southold Chamber of Commerce
Please let me know of your decision on this exemption. If you have any questions
please call me at 853-4833.
CEF:bs
Attachment
BETTER FOR BUSINES5...BETTER FOR LIFE
H, Lee Dennison Bldg., 2nd Floor. Hauppauge, Long Island, NY 11788-0099. phone: 631-853-4800 fax: 631-853-4888. www.suffolkcountynygov/exedecon
Suffolk County Legislative Requirements Exhibit for Contracts; last rev. 6/16/05
SuffolkC6uiltyLegislative Requirements Exhibit for Contracts
This exhibit is attached to and is made part of the contract executed with the County.
Suffolk County Living Wage Requirements
"Suffolk County Living Wage Requirements Exhibit (2 pages).
Suffolk County Department of Labor - Living Wage Unit
Certification/Declaration - Subject to Audit
Fprm LW-38 (consists of 1 page)
.1 . .
II q~:mtractor'sNendor's Pul;llic Disclosure Statement Form SCEX 22; rev.
~~30/04 (form consists of three pages; requires signature & notarization)
Note: The Contractor'sNendors Public Disclosure Statement Form SCEX 22;
rev. 3/30/04,
1/1 Union Organizing Certification/Declaration - Subjec.t to Audit; rev. 6/05
Form L01 (consists of 2 pages) .
"
Suffolk County Living Wage Requirements Exhibit
As Last Revised by the Suffolk County Department of Labor on 5/12/04
Suffolk County Living Wage Requirements Exhibit
As Last Revised by the Suffolk County Department of Labor on 5/12/04
Pursuant to Section 6 of Chapter 347 of the Suffolk County Local Law No. 12-2001, "A
Local Law to Implement Living Wage Policy for the County of Suffolk" (the "Living Wage
Law"), all RFPs, County contracts and financial assistance agreements subject to the law
shall contain the following two paragraphs or substantially equivalent language:
This Agreement is subject to the Living Wage Law of the County of Suffolk. The law
requires that, unless specific exemptions apply all employers (as defined) under
service contracts and recipients of County financial assistance, (as defined) shall
provide payment of a minimum wage to employees as set forth in the Living Wage
Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk
County Living Wage Law of the County of Suffolk.
Under the provisions of the Living Wage Law, the County shall have the authority, under
appropriate circumstances, to terminate this Agreement and to seek other remedies as
set forth therein, for violations of this Law. .
Suffolk County Local Law No. 18-2002, "A Local Law to Implement Living Wage Policy for the
County of Suffolk" provided for certain amendments to the Living Wage Law.
------------
Forms for Completion and/or Signature (as applicable)
. Suffolk County Department of Labor - Living Wage Unit
Notice of Application for County Assistance (Contract)
Form LW-1 (consists of 1 page)
. Suffolk County Department of Labor - Living Wage Unit
Certification/Declaration - Subject to Audit
Form LW-38 (consists of1 page) (Replaces LW2, LW3 allcl L\IV~3) .
. Suffolk County Department of Labor - Living Wage Unit
Request for General Living Wage Exemption
Form LW-4 (consists of 1 page)
. Suffolk County Department of Labor - Living Wage Unit
Request for Specific Living Wage Exemption
Form LW-5 (consists of 2 pages)
1 of 2 pages
Suffolk County Living Wage Requirements Exhibit
As Last Revised by the Suffolk County Department of Labor on 5/12104
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) CertificationlDeclaration - 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 Questiellsi.FormsiandRules 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 5/12/04
2 of 2 pages
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:
2) VENDOR #: 3) CONTRACT ID #:
(If known) . (If known)
4) CONTACT: 5) TELEPHONE #:
6) ADDRESS:
7) TERM OF CONTRACT (DATES):
8) PROJECT NAME: (IF DIFFERENT FROM #1)
m . u'OYN-T:
-, ---- --~_._--------
10) AWARDING AGENCY:
11) BRIEF DESCRIPTION OF PROJECT OR SERVICE:
12) PROJECTED EMPLOYMENT NEEDS: (attach a statement listing, by job
classification, the total workforce dedicated to performing this contract or service, including
calculation (If estiw3tednet increase OJ" decreasein_1Qbs as. a result of funding). n _ - - .
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-I(revised 4/05)
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-I (Notice of Application for County Compensation). If the following definitions do not apply, the
contractor/recipient must complete Sections 2, 3 and 4 helow. 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 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 defmition, 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 ofthis defmition."
Section I
CJ
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 where this company has received compensation, from the County of Suffolk as defined in the
Law (compensation) a wage rate of no less than $10.02 ($9.25 for child care providers) per hour worked with health
benefits, as described in the Law, or otherwise $11.41 ($10.50 for child care providers) per hour or the rates as may
be adjusted annually in accordance with the Law. (Chapter 347-3 B)
Check if
Applicable
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 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)
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 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)
Section n
~
The Living Wage Law does not apply to this contract for the following reason(s):
Town is a conduit for the funding
Checkjf'
Applicable
Section III
Contractor Name: Town of South old
Contractor Address: 53095 Main Road - P.O. Box 1179
Southold. NY 11971
Federal Employer ID#:
Amount of Assistance: $51.000
Vendor #:
Contractor Phone #:
Description of project or service: This funding will be used to re-develoo a town oarking lot in the middle of the Southold Business
District. Total oroiect costs estimated at $87.000. balance to be covered bv the Town of Southold. This oarking lot reconfiguration
will allow for additional oarking soaces. as well as better entrance and exit wavs. The oarking lot reconfiguration is Dart of the overall
Southold Hamlet enhancement which has begun with recent improvements to Rt. 25 including NYS DOT resurfacing. ornamental
street lighting. landscaoing. sidewalks and benches.
Section IV
I declare under penal
certification, and
perjury under the Laws of the State of New York that the undersi
e above is true and correct.
is authorized to provide this
~ ~/6
.
,
SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT
LIVING WAGE CERTIFICATIONIDECLARATION - 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-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 be submitted to the awarding agency.
"Any grant, loan, tax incentive or abatement, bond fmancing 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."
T::f
The Living Wage Law applies to this contract. Vwe 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 where this company has received compensation, from the County of Suffolk as defined in the
Law (compensation) a wage rate of no less than $10.02 ($9.25 for child care providers) per hour worked with health
benefits, as described in the Law, or otherwise $11.41 ($10.50 for child care providers) per hour or the rates as may
be adjusted annually in accordance with the Law. (Chapter 347-3 B)
Check if
Applicable
Vwe 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)
Vwe 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 ofthe 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 Employer at least once every three years
to verify compliance with the provisions of the Law. (Chapter 347-4 C)
Section II
D
The Living Wage Law does not apply to this contract for the following reason(s):
- Gheck-if--
Applicable
Section III
Contractor Name: GreenportlSouthold Chamber of Commerce
Contractor Address: P.O. Box 1415
Southold. NY 11971
Federal Employer ID#:
Amount of Assistance: $51.000
Vendor #:
Contractor Phone #:
Description of project or service: This funding will be used to re-develop a town parking lot in the middle of the Southold Business
District. Total proiect costs estimated at $87.000. balance to be covered bv the Town of Southold. This parking lot reconfiguration
will allow for additional parking spaces. as well as better entrance and exit wavs. The parking lot reconfiguration is part of the overall
Southold Hamlet enhancement which has begun with recent improvements to Rt. 25 including NYS DOT resurfacing, ornamental
street lighting, landscaping, sidewalks and benches.
Section IV
,""',~..,. -' ''''d~~:; ",.., "* "<N~ Vo' ,"'., """-,,;, "ZriZed to provide this
certification, ~tru _.._ t. ~
-~ _ - _ (,J It) {)b
AuthorrZed~nature . /Ofl -, to. .- / +. Date i L _ .
.,CtL,.-V~T~e _ -...Yl GfL/'C-v., f[/.i!5(cJ0ft. // C/ Cfv:v.,CM d-Cojn/lJ0C-e
:~~~~~lJ1~.an~Ei~.:of ~uthor~ze~gentative if. G/Vlli-I4f?&Ct+ 50 u-fPO/1
"
SUFFOLK COUNTY ADMINISTRATIVE CODE SECTION A5-7
~ A5-7. Contractors and vendors required to submit full disclosure
statement. [Derived from L.L. No. 14-1976, as amended 2-27-1979 by L.L.
No. 6-1979]
A. Definitions. As used in this section, the following terms shall have the
. meanings indicated:
CONTRACT - Any written agreement between Suffolk County and a
contractor or vendor to do or perform any kind of labor, service, purchase,
construction or public work, unless the contract is for a federally or state-
aided, in whole or in part, program required to be bid pursuant to S 103 of
the New York General Municipal Law. [Amended 6-29-1993 by L.L. No.
28-19931]
NOTE: L.L. No. 28-1993 also provided as follows:
Section 1. Legislative Intent.
This Legislature hereby finds and determines that Suffolk County's comprehensive
ContractorNendor Public Disclosure Statement Law currently applies to a broad array of
contracts that exceed one thousand dollars ($1,000.) in value, subject to exemptions for
contractors doing business with the County Department of Social Services; hospitals;
educational, medical, and governmental entities; and not-for-profit corporations.
This Legislature further finds and determines that these exemptions prevent full
disclosure of important information that may be useful to elected county officials in
determining whether or not specific types of contracts are in the public interest, especially
in light of recent trends towards privatization and use of outside consultants on an
increased basis by municipalities.
Therefore, the purpose of this law is to eliminate many of the exemptions from completing
and filing verified public disclosure statements with the County Comptroller available to
certain contractors providing social services or health services contracts.
CONTRACTOR or VENDOR [Amended 12-18-1990 by L.L. No. 41-
19902; 6-29-1993 by L.L. No. 28-19931-
Any proprietorship, partnership or closely held corporation which has a
- -.- -.- -esA-tractwitI'l-SltffGIk-C0unty .11"1-excess-ofone thousand dollars. ($.1, 000 ) or .
which has three (3) or more contracts with Suffolk County, any three (3) of
which, when combined, exceed one thousand dollars ($1,000.), except:
(1) Hospitals.
(2) Educational or governmental entities.
1
Editor's Note: This local law was adopted by the legislature after disapproval by the
Executive on 5-26-1993.
2 Editor's Note: This local law was adopted by the Legislature after disapproval by the
Executive on 12-13-1990. See the note at !i A4-12.
3 Editor's Note: This local law was adopted by the Legislature after disapproval by the
Executive on 5-26-1993. See note above.
Page 1 of 3
.,
(3) Not-for-profit corporations.
(4) Contracts providing for foster care, family day-care providers or child
protective consulting services.
FULL DISCLOSURE CLAUSE - A proviso to be included as a material
part of a contract imposing upon the contractor or vendor a material,
contractual and statutory duty to file a verified public disclosure statement.
VERIFIED PUBLIC DISCLOSURE STATEMENT - A declaration, the
contents of which are acknowledged before a notary public, containing
information required under this section.
B. A full disclosure clause is to be included in all future contracts between
Suffolk County and a contractor or vendor. Such full disclosure clause
shall constitute a material part of the contract.
C. Notice of the full disclosure clause shall be included and made a part of the
specifications, if any, which are submitted to interested potential bidders.
D. Each contractor or vendor shall file a verified public disclosure statement
with the Comptroller of Suffolk County as soon as practicable prior to
being awarded the contract. An updated disclosure statement shall be
filed by the contractor or vendor with the Comptroller by the 31st day of
January in each year of the contract's duration. It shall be the duty of the
Comptroller to accept and file such statements.
E. No contract shall be awarded to any contractor or vendor, as defined in this
section, unless prior to such award a verified public disclosure statement
is filed with the Comptroller as provided in this section. Any verified public
disclosure statement containing fraudulent information shall constitute, for
all purposes, a failure to file such statement in the first instance.
- ___________u ~~._____________
F. The verified public disclosure statement required by this section shall
include:
(1) A complete list of the names and addresses of those individual
shareholders holding more than five-percent interest in the firm.
(2) The table of organization for the company shall include the names and
addresses of all individuals serving on the board of directors or
comparable body, the names and addresses of all partners and the
names and addresses of all corporate officers. The contractor or
vendor shall conspicuously identify any such person in this table of
organization who is an officer or an employee of Suffolk County.
Page 2 of 3
. \
(3) A complete financial statement listing all assets and liabilities as well
as a profit-and-Ioss statement, certified by a certified public
accountant. Such statement shall be the most current available and in
no event shall have been prepared more than six (6) months prior to
the date of the filing of the bid. No financial statement or profit-and-Ioss
statement shall be required from any contractor or vendor having fifty
percent (50%) or more of their gross revenues from sources other than
the County of Suffolk.
G. A separate folio for each company shall be maintained alphabetically for
public inspection by the Comptroller.
H. Remedies. The failure to file a verified public disclosure statement as
required under this section shall constitute a material breach of contract.
Suffolk County may resort, use or employ any remedies contained in
Article 2 of the Uniform Commercial Code of the State of New York. In
addition to all legal remedies, Suffolk County shall be entitled, upon a
determination that a breach has occurred, to damages equal to fifteen
percent (15%) of the amount of the contract.
I. Under no circumstances shall the county be precluded from invoking any
remedy contained in the preceding section by reason of its failure to
invoke promptly its remedies.
Page 3 of 3
.' ,
"
Suffolk County Form SCEX 22
Contractor'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 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 Southold
Address 53095 Main Road - P.O. Dox 1179
City and State Southold. NY Zip Code 11971
2. Contracting Department's Name Economic Development/Workforce Housin!!:
Address: H. Lee Dennison Duildin!!: - 100 Veterans Memorial Hi!!:hwav. Hauppau!!:e. NY
11788
3. Payee Identification or Social Security No.
4. Type of Business_Corporation _Partnership_Sole Proprietorship_Other
5.a Is contractor/vendor entering into or has contractor/vendor entered into a contract with Suffolk
County in excess of$I,OOO? Yes No.
- -
5.b Has contractor/vendor entered into three or more contracts, including the one for which you are
now completing this form, with Suffolk County, any three of which, when combined, exceed $1,000?
Yes No.
6. Table of Organization. List names and addresses of all principals; that is, all individuals serving
on the Board of Directors or comparable body, names and addresses of all partners, and names and
addresses of all corporate officers. Conspicuously identify any person in this table of organization who
is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary.)
7. List all names and addresses of those individual shareholders holding more than five percent
(5%) interest in the contractor/vendor. Conspicuously identify any shareholder who is also an officer or
an employee of Suffolk County. (Attach additional sheet if necessary).
8. Does contractor/vendor derive 50% or more of its total revenues from its contractual or vendor
relationship with Suffolk County? _ Yes_No.
9. If you answered yes to 8 above, you must submit with this disclosure statement, a complete
financial statement listing all assets and liabilities as well as a profit and loss statement. These
statements must be certified by a Certified Public Accountant. (Strike this out if not applicable.)
Page 1 of 3 Public Disclosure Form
,"
, f' .
10. The undersigned shall include this Contractor'sNendor's Public Disclosure Statement with the
contract. (Describe general nature of the contract.) This funding will be used to re-develop a town
parking lot in the middle of the Southold Business District. Total proiect costs estimated at $87,000,
balance to be covered bv the Town of Southold. This parking lot reconfiguration will allow for
additional parking spaces, as well as better entrance and exit wavs. The parking lot reconfiguration is
part of the overall Southold Hamlet enhancement which has begun with recent improvements to Rt. 25
including NYS DOT resurfacing, ornamental street lighting, landscaping, sidewalks and benches.
II. Remedies. The failure to file a verified public disclosure statement as required under local law
shall constitute a material breach of contract. Suffolk County may resort, use or employ any remedies
contained in Article II of the Uniform Commercial Code of the State of New York. In addition to all
legal remedies, Suffolk County shall be entitled, upon a determination that a breach has occurred, to
damages equal to fifteen percent (15%) of the amount of the contract.
12. If you are one ofthe 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
X- 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
tlml thoy =, '0 hl_"~ koowl,'", rnro. .m
Dated: IO{1.o/cJh Signed: ~ :Zt' ,~
Printed Name of Signer: '7r.r.H- If ;:
Title of Signer: 1'L( aRA ,; Z.5 IY1
Name ofContractorNendor: Town ofSou~ld
_ UNIFORM CERTIFICATE OF ACKNOWLEDGMENT.
(Within New York State)
STATE OF NEW YORK)
COUNTY OF ) ss.:
On the ~ day of ad.." tt{ in the year 2001 before me, the undersigned, personally appeared
:)co+\- "oJ ")t.t , 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.
BONNIEJ. DOROSt\l
Notary Public. Slale Of New'lbrll
No. 01006095328, Suffolk Counl1
Term Expires July 7. 204-
Page 2 of 3 Public Disclosure Form
Contractor'sNendor's Public Disclosure Statement Form (Rev. 3/30/04) SCEX 22
~.
ffice of individual taking acknowledgment)
.. ... ~ \..
, .,
UNIFORM CERTIFICATE OF ACKNOWLEDGMENT
(Without New York State)
STATE OF
)
) ss.:
).:
COUNTY OF
On the _ day of in the year 2005 before me, the undersigned, personally appeared
personally known to me or proved to me on the basis of satisfactory evidence
to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in hislher/their capacity(ies) and that by hislher/their signature(s)
on the instrument, the individual( s), or the person upon behalf of which the individual( s) acted, executed
the instrument, and that such individual(s) made such appearance before the undersigned in
(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 acknowledgment)
Page 3 of 3 Public Disclosure Form
Contractor'sNendor's Public Disclosure Statement Form (Rev. 3/30/04) SCEX 22
,'" 'I "
" .
Suffolk County, New York
Department of Labor
SUFFOLK COUNTY DEPARTMENT OF LABOR - LABOR MEDIATION UNIT
UNION ORGANIZING CERTIFICATION/DECLARATION - 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 contractor/beneficiary must complete Sections I,
III, and IV below. If the following definitions do not apply, the contractorlbeneficiary 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 coutract 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 (Cbapter 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)
~/we further agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are made,
I1we 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. I/we 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 affrrm to the following:
. I1we will not express to employees any false or misleading iuformation that is intended to influence the
determination of employee preferences regarding union representation;
. I1we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining
representative;
. I1we 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 to limit disruptions caused by prerecognition labor disputes through the
-- - - - -- -- -- - -- ----adoption of noncoufrontational-pfOced\ll'es-fGf the-r{)Sl)[utiGuof-prerecognition-labor-disputes-with-employees--
engaged in the production of goods or the rendering of services for the County; and
. I1we have or will adopt any or all of the above-referenced procedures, or their functional equivalent, to ensure
the efficient, timely, and quality provision of goods and services to the County. l/we shall include a list of said
procedures in such certification.
I1we 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.
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.
I1we understand that the efficient, timely, and nondisruptive provision of goods and services is a paramount [manciaI
interest of the County of Suffolk and as such, the County expects the potential County contractor to protect the
County's [mancial interest by adopting nonconfrontational procedures for the orderly resolution oflabor disputes,
including, but not limited to, neutrality agreements, majority authorization card agreements, binding arbitration
agreements, fair communication agreements, nonintimidation agreements, and reasonable access agreements.
DOL-LOI (6/05)
. .. \:
.,
, .
Suffolk County, New York
DepwnnentofLabor
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 10#: II - rpOO{ '{ J 9
Contractor Address: 53095 Main Road - P.O. Box 1179
Amount of Assistance: $51.000
Southold. NY 11971
Vendor #:
Contractor Phone #:
Description of project or service: This funding will be used to re-develop a town parking lot in the middle of the Southold Business
District. Total project costs estimated at $87.000. balance to be covered bv the Town of South old. This parking lot reconfiguration
will allow for additional parking spaces. as well as better entrance and exit wavs. The parking lot reconfiguration is part of the
overall Southold Hamlet enhancement which has begun with recent improvements to Rt. 25 including NYS DOT resurfacing.
ornamental street lighting. landscaping. sidewalks and benches.
Section IV
I declare under penalty 0
certification, and that th
eljury under the Laws of the State of New York that the undersigned is authorized to provide this
Dve is true and correct.
/oholo6
, ,
Authorized Signature
Date
560 ff-
Print Name and
DOL-LOI (6/05)
~ '
SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT
NOTICE OF NON-APPLICABILITY
OF LIVING WAGE LAW
Living Wage Law, Suffolk County Code, Chapter 347 (2001)
To Be Completed By The Living Wage Unit
DATE: December 18.2006
TO: Carolyn E. Fahev. Economic Develoument
FROM!!::.... R.".b"'1!, Di,,"""
TELE HONE #: 853-5630
(Awarding Agency)
(Living Wage Unit)
EMPLOYER: Town of Southold (Chamber of Commerce)
VENDOR#: 11-6001939
REF.: 191-ECD-6420-4980-HJR1
You are hereby notified that the response from Town of Southold (Chamber of
Commerce) has been evaluated by the Living Wage Unit of the Suffolk County
Department of Labor. We find that this employer is not covered by the Suffolk County
Living Wage Law (Local Law #12-2001), and that the requirements of this law as currently
constituted do not constrain this contractor at this time.
ReceiVed
Brenda Rosenberg
Director of Living Wage Compliance
Suffolk County Department of Labor
Li' DEe 2 0 2006
,- s.c. pel2artment of
.conomrc Development
LW-26
Il,.' ~. '"
SUFFOLK COUNTY DEPARTMENT OF LABOR -LIVING WAGE UNIT
NOTICE OF NON-APPLICABILITY
OF LIVING WAGE LAW
Living Wage Law, Suffolk County Code, Chapter 347 (2001)
~
To Be Completed By The Living Wage Unit
DATE: December 18. 2006
TO:
Carolvn E. Fahev. Economic Development
(Awarding Agency)
renda Rosenber Director
(Living Wage Unit)
TELE HONE #: 853-5630
EMPLOYER: Greenport/Southold Chamber of Commerce
VENDOR#: 11-2669173
REF.: 191-ECD-6420-4980-HJRl
You are hereby notified that the response from Greenport/Southold Chamber of
Commerce has been evaluated by the Living Wage Unit of the Suffolk County
Department of Labor. We find that this employer is not covered by the Suffolk County
Living Wage Law (Local Law #12-2001), and that the requirements of this law as currently
constituted do not constrain this contractor at this time.
Sub-contractors will need to file Living Wage paperwork.
Received
DEe 2 0 2006
Brenda Rosenberg
Director of Living Wage Compliance
Suffolk County Department of Labor
s.c. OeRartment of
Economic Development
LW-26