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Home My WebLink AboutSTOP DWI -",'~';.'WFa7;''0, ((IiJJ.~) '~~$~ ~~7 RESOLUTION (lD # 3626) SUBMITTED DOC ID: 3626 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. (ID # 3626) WAS SUBMITTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 26, 2008: RESOL VED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an A2reement with the County of Suffolk for the 2008 STOP-DWI Pro2ram in an amount not to exceed $19,000.00, for the term January 1, 2008 through December 31, 2008, subject to the approval of the Town Attorney. p~..~~a~...:I~ Elizabeth A. Neville South old Town Clerk COUNTY OF SUFFOLK OFFICE OF THE COUNTY EXECUTIVE Steve Levy COUNTY EXECUTIVE The Honorable Scott A. Russell Supervisor Town of Southold P.O. Box 1139 Southold, New York 11971-1682 Deaz Supervisor Russell: Enclosed please fmd the fully executed Agreement between Suffolk County and the Town of Southold for the period of January 1, 2008 through December 31, 2008. I have also enclosed a supply of claim vouchers for your use. If you have any questions or aze in need of additional materials, please feel free to contact our office at 853-5012. Sincerely, ;~ ,~~ , ~~ f Douglas Death Suffolk County STOP-DWI Enclosures ~;~ _~.._ _ , i` MAY '~i; iUPERViSOR'.S OFFICE T06VPv OF SOUTHOLD H. LEE DENNISON BUILDPIG • I00 VETERANS MEMORIAL HIGHWAY • P.O. BOX 6100 • HAUPPAUGE, N. Y. 11788-0099 • (631) 853-4000 COUNTY OF SUFFOLK OFFICE OF THE COUNTY EXECUTIVE H. Lee Dennison Building 100 Vetcrans Memorial Highway P.O. Box 6100 Hauppauge, New York 11788-0099 (631) 853-4000 Steve Levy SUFFOLK COUNTY EXECUTIVE The Honorable Scott A. Russell Supervisor, Town of South old P.O. Box 1139 Southold, New York 11971-1682 February 7, 2008 Dear Supervisor Russell: Enclosed are five copies of your contract for 2008 STOP-OWl funding for enforcement activities by Town of Southold police personnel, effective January I, 2008 through December 31, 2008. The total amount of this contract is $19,000.00. Please note: The way in which our contracts are completed has changed significantly and should be much easier for all. Please sign the first page of each contract, there are no lonl!:er anv forms within in the contract that need to be comDleted. There is a separate packet of forms; Livinl!: Wal!:e. Suffolk County Form 22. Union Orl!:anizinl!: Cerificate and Lawful Hirine: ComDliance Reauirements. These forms must be completed. ONE original and SIX copies of the entire packet need to be returned with the five signed contracts. We require a monthly report as part of our reporting requirements to New York State. I certainly recognize the demands this makes on your staff; however, I urge you to anticipate our need for data prior to the 15th of each month. We are required by statute to maintain accurate and timely data on all enforcement activity in the County, and we rely on your cooperation. After review and signature, please return all copies for execution to Suffolk County STOP- OWl, H. Lee Dennison Building, Veterans Memorial Highway, P.O. Box 6100, Hauppauge, NY 11788. It is a pleasure working with the Southold Town Police Department in this vital highway safety program, and I look forward to continuing our effort to reduce drinking and driving in Suffolk County. Sincer MPL:dd Enclosures Rev. 02108/08; Law No. 08-DWI-012 •f~ STOP-DWI Municipal Enforcement ~' r This Agreement ("Agreement") is between the County of Suffolk ("County"), a municipal corporation of the State of New York, acting through its duly constituted Suffolk County Department of ProbationlSTOP-DWI Program (Department), located at H. Lee Dennison Building, 11~" floor , 100 Veterans Memorial Highway, Hauppauge, New York (mailing address: Box 6100, Hauppauge, New York 11788-0099); and the Town of Southold ("Contractor"), a municipal corporation, having an address at P.O. Box 1139, Southold, New York 11971-1882. The Contractor has been designated to receive funds from the County for increased enforcement (Services) of New York State vehicle and traffic laws relating to drinking and driving as set forth in Exhibit V, entitled "Description of Services and Specific Payment Terms," attached. Term of Agreement: January 1, 2008 through December 31, 2008. Total Cost of Agreement: Shall not exceed $19,000.00, as set forth in Exhibit V, attached. Terms and Conditions: Shall be as set forth in Exhibits I through V, attached hereto and made a part hereof. IFMS'No. SC PRO DWI Enforcement Agreement In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. Town of South By: - ~ The onorable colt A. Russell Supervisor, Town of Southold Fed. Tax ID # 11-6001939 County of Suffolk y~~_ SZA6O Date: ,,~ r21- O ~ Approved as to Legality: Christine Malafi, County Attorney By: Jacqueline Ca Assistant Coun Attorney Date: LI U Date: Approved: 0 Department By: es Golbi hief Planner Suffolk County Probation Department Date: ~/ -2 't7 ~ _ 1 of 28 pages Rev. 02/06/08; Law No. 08-0WI-012 STOP-OWl Municipal Enforcement Exhibit I 4. 5. 6 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Exhibit II 4. 5. 6. 7. 8. 9. 10. 11. IFMS No. SC PRO 00000002391 List of Exhibits General Terms and Conditions 1. Contractor Responsibilities a. Services b. Qualifications and Licenses 2. Term and Termination a. Term b. Termination for Cause c. Termination for Emergencies d. Termination for Convenience e. Payments Upon Termination Indemnification a. General b. Federal Copyright Act Insurance Independent Contractor Severability Merger; No Oral Changes Set-Off Rights Non-Discrimination in Services Nonsectarian Declaration Governing Law No Implied Waiver Conflicts of Interest Cooperation on Claims Confidentiality Assignment and Subcontracting No Intended Third Party Beneficiaries Certification as to Relationships Publications and Publicity Copyrights and Patents a. Copyrights b. Patents 3. Suffolk County Legislative Requirements 1. 2. 3. Contractor'sNendor's Public Disclosure Statement Living Wage Law Use of County Resources to Interfere with Collective Bargaining Activities Local Law No. 26-2003 Lawful Hiring of Employees Law Gratuities Prohibition Against Contracting with Corporations that Reincorporate Overseas Child Sexual Abuse Reporting Policy Non Responsible Bidder Use of Funds in Prosecution of Civil Actions Prohibited Work Experience Participation Suffolk County Local Laws Website Address 2 of 28 pages IFMS No. SC PRO 00000002391 Rev. 02/06/08; Law No. 08-DWI-012 STOP-OWl Municipal Enforcement Exhibit III Exhibit IV Exhibit V Notices and Contact Persons General Payment Terms and Conditions 1. 2. 3. General Payment Terms and Conditions Agreement Subject to Appropriation of Funds Specific Payment Terms and Conditions a. Limit of County's Obligations b. Budget c. Payment of Claims d. Payment Vouchers e. Payments Limited to Actual Net Expenditures f. Travel Costs g. Salaries h. Salary Increases i. Actual Fringe Benefit Costs j. Contractor's Staff k. Budget Deficiency Plan I. Payments Contingent Upon Receipt of Aid m. Payments Contingent Upon State/Federal Funding Accounting Procedures Audit Personnel Salaries, Pension and Employee Benefit Plans, Rules and Procedures Financial Statements and Audit Requirements Statement of Other Contracts 4. 5. 6. 7 8. Description of Services and Specific Payment Terms (May include Legislative Designated Funding Application Form and Program Budget - Explanation of Costs, as applicable) 3 of 28 pages Rev. 02/06/08; Law No. 08-DWI-012 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000002391 Exhibit I General Terms and Conditions 1. Contractor Responsibilities a. Services The Contractor shall provide the services described in Exhibit V, entitled "Description of Services and Specific Payment Terms." b. Qualifications and Licenses To the extent applicable, 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), license(s), permit(s) or other approval(s) required by the State, County or local authorities for the services provided in accordance with this Agreement. 2. Term and Termination a. Term This Agreement shall cover the period set forth on page one of this Agreement, unless sooner terminated as provided below. Upon receipt of a Termination Notice, as that term is defined below, the Contractor shall promptly discontinue all Services affected, unless otherwise directed by the Termination Notice. b. Termination for Cause i. A failure to maintain the amount and types of insurance required by this Agreement may result in immediate termination of this Agreement, in the sole discretion of the County. ii. Failure to comply with federal, state or local laws, rules, regulations, or County policies or directives, may result in immediate termination of this Agreement, in the sole discretion of the County. iii. 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. iv. In the event of a failure on the part of Contractor to observe any of the other terms and conditions of this Agreement, this Agreement may be terminated in whole or in part in writing by the County provided that no such termination shall be effective unless Contractor is given five (5) calendar days' (or longer, at the County's option) written notice of intent to terminate ("Notice of Intent to Terminate"), delivered in accordance with the Exhibit entitled "Notices and Contact Persons." During such five (5) day period, (or longer, at the County's option) the Contractor will be given an opportunity for consultation with the County and an opportunity to cure all failures of its obligations prior to 4 of 28 pages Rev. 02/06/08; Law No. 08-DWI-012 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000002391 termination by the County. In the event that the Contractor has not cured all its failures to fulfill its obligations to the satisfaction of the County by the end of the (5) day period (or longer, at the County's option), the County may issue a written termination notice ("Termination Notice"), effective immediately. c. Termination for Emergencies 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 County, may result in immediate termination of this Agreement, in whole or with respect to any identifiable part of the program, in the sole discretion of the County. d. Termination for Convenience The County shall have the right to terminate this Agreement at any time and for any reason deemed to be in its best interest, provided that no such termination shall be effective unless the Contractor is given thirty (30) calendar days' prior written notice termination notice ("Termination Notice"). In such event of termination, the County shall pay the Contractor for the services rendered through the date of termination. e. Payments upon Termination i. Upon receiving a Termination Notice, the Contractor shall promptly discontinue all services affected unless otherwise directed by the Termination Notice. ii. The County shall be released from any and all responsibilities and obligations arising from the services provided in accordance with 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 this Agreement, that are pursuant to, and after the Contractor's compliance with, the terms and conditions of this Agreement. iii. Upon termination, the Contractor agrees to promptly reimburse to the County, by check payable to the Suffolk County Treasurer, the balance of any funds advanced 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. 3. Indemnification a. General 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, 5 of 28 pages Rev. 02/06/08; Law No. 08-DWI-012 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000002391 contractors, agents and other persons in any suit, including appeals, or at the County's option, pay reasonable attorneys' 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. b. Federal Copyright Act The Contractor hereby represents and warrants the Contractor will not infringe upon any copyrighted work or material in accordance with the Federal Copyright Act during the performance of this Contract. Furthermore, 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 attorneys' fees for defense of any such suit arising out of the acts or omissions or negligence of the Contractor, its officers, officials, employees, subcontractors, lessees, licensees, invitees or agents, if any, in connection with the services described or referred to in this Agreement. 4. Insurance a. The Contractor agrees to procure, pay the entire premium for and maintain throughout the term of this Agreement, insurance in amounts and types specified by the County and as may be mandated and increased from time to time. The Contractor agrees to require that all of its subcontractors, in connection with work performed for the Contractor related to this Agreement, procure, pay the entire premium for and maintain throughout the term of this Agreement insurance in amounts and types equal to that specified by the County for the Contractor. Unless otherwise specified by the County and agreed to by the Contractor, in writing, such insurance shall be as follows: i. Commercial General Liability insurance, including contractual liability coverage, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily injury and Two Million Dollars ($2,000,000.00) per occurrence for property damage. ii. Automobile Liability insurance (if any vehicles are used by the Contractor in the performance of this Agreement) in an amount not less than Five Hundred Thousand Dollars ($500,000.00) per person, per accident, for bodily injury and not less than One Hundred Thousand Dollars ($100,000.00) for property damage per occurrence. iii. Workers' Compensation and Employer's Liability insurance in compliance with all applicable New York State laws and regulations and Disability Benefits insurance, if required by law. Contractor shall furnish to the County, prior to its execution of this Agreement, the documentation required by the State of New York Workers' Compensation Board of coverage or exemption from coverage pursuant to SS57 and 220 of the Workers' Compensation Law. In accordance with General Municipal Law S1 08, this Agreement shall be void and of no effect unless the Contractor shall provide and maintain coverage during the term of this Agreement for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. iv. Professional Liability insurance in an amount not less than Two Million Dollars 6 of 28 pages Rev. 02/06/08; Law No. 08-DWI-012 STOP-OWl Municipal Enforcement IFMS No. SC PRO 00000002391 ($2,000,000.00) on either a per occurrence or claims made coverage basis. (Delete this clause if not applicable) b. All policies providing such coverage shall be issued by insurance companies with an A.M. Best rating of A- or better. c. The Contractor shall furnish to the County Declaration Pages for each such policy of insurance, and upon request, a true and certified original copy of each such policy, evidencing compliance with the aforesaid insurance requirements. In the case of commercial general liability insurance, the County of Suffolk shall be named as an additional insured and the Contractor shall furnish a Declaration Page and endorsement page evidencing the County's status as an additional insured on said policy. d. Any such Declaration Page, certificate of insurance, policy, endorsement page or other evidence of insurance supplied to the County 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 Page, certificate of insurance, policy, endorsement page, other evidence of insurance, and any notice of nonrenewal or material change shall be mailed to the Department at its address as set forth in this Agreement in the paragraph entitled "Notices and Contact Persons" or at such other address of which the County shall have given the Contractor notice in writing. e. In the event the Contractor shall fail to provide the Declaration Page, certificate of insurance, policy, endorsement page or other evidence of insurance, or fail 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 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. 7 of 28 pages Rev. 02/06/08; Law No. 08-DWI-012 STOP-OWl Municipal Enforcement IFMS No. SC PRO 00000002391 5. Independent Contractor It is expressly agreed that the Contractor status hereunder is that of an independent contractor. Neither the Contractor, nor any person hired by the Contractor shall be considered employees of the County for any purpose. 6. Severability It is expressly agreed that if any term or provision of this Agreement, or the application thereof to any person or circumstance, shall be held invalid or unenforceable to any extent, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be 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. 7. 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. No modification of this Agreement shall be valid unless written in the form of an Amendment and executed by both parties. 8. Set-Off Rights The County shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the County's option to withhold, for the purposes of set-off, any moneys due to the Contractor under this contract up to any amounts due and owing to the County with regard to this contract and/or any other contract with any County 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. 9. Non-Discrimination in Services During the performance of this Agreement: a. The Contractor shall not, on the grounds of race, creed, color, national origin, sex, age, disability, sexual orientation, military status or marital status: i. deny any individual any services or other benefits provided pursuant to this Agreement; or ii. provide any services or other benefits to an individual that are different, or are provided in a different manner, from those provided to others pursuant to this Agreement; or iii. subject an individual to segregation or separate treatment in any matter related to the individual's receipt of any service(s) or other benefits provided pursuant to this Agreement; or iv. restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any services or other benefits provided pursuant to this Agreement; or 8 of 28 pages Rev. 02/06/08; Law No. 08-DWI-012 STOP-OWl Municipal Enforcement IFMS No. SC PRO 00000002391 v. treat an individual differently from others in determining whether or not the individual satisfies any eligibility or other requirements or condition which individuals must meet in order to receive any aid, care, service(s) or other benefits provided pursuant to this Agreement. b. The Contractor shall not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, creed, color, national origin, sex, age, disability, sexual orientation, military status or marital status, or have the effect of defeating or substantially impairing accomplishment of the objectives of this Agreement in respect to individuals of a particular race, creed, color, national origin, sex, age, disability, sexual orientation, military status or marital status, in determining: i. the types of service(s) or other benefits to be provided, or ii. the class of individuals to whom, or the situations in which, such service(s) or other benefits will be provided; or iii. the class of individuals to be afforded an opportunity to receive services. 10. 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. 11 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws. Venues shall be designated in Suffolk County; New York or the United States District Court for the Eastern District of New York. 12. No Implied Waiver No waiver shall be inferred from any failure or forbearance of the County to enforce any provision of this Agreement in any particular instance or instances, but the same shall otherwise remain in full force and effect notwithstanding any such failure or forbearance. 13. Conflicts of Interest a. The Contractor agrees that it will not during the term of this Agreement engage in any activity that is contrary to and/or in conflict with the goals and purposes of the County. b. The Contractor is charged with the duty to disclose to the County the existence of any such adverse interests, whether existing or potential. This duty shall continue so long as the Contractor is retained on behalf of the County. The determination as to whether or when a conflict exists or may potentially exist shall ultimately be made by the County Attorney after full disclosure is obtained. 9 of 28 pages Rev. 02/06/08; Law No.08-DWI-012 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000002391 14. Cooperation on Claims The contractor hereto agrees to render diligently to the County, without additional compensation, any and all cooperation, that may be required to defend the County, its employees and designated representatives against any claim, demand or action that may be brought against the County, its employees or designated representatives in connection with this Agreement. 15. Confidentiality Any records, reports or other documents of the County or any of its agencies used by the Contractor pursuant to this Agreement or any documents created as a part of this Agreement shall remain the property of the County and shall be kept confidential in accordance with applicable laws, rules and regulations. 16. Assignment and Subcontracting a. The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Agreement, or any of its right, title or interest therein, or its power to execute the Agreement, or assign all or any portion of the monies that may be due or become due hereunder, to any other person or corporation, without the prior consent in writing of the County, and any attempt to do any of the foregoing without such consent shall be of no effect. b. The Contractor shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the County. Such subcontracts shall be subject to all of the provisions of this Agreement and to such other conditions and provisions as the County may deem necessary, provided, however, that notwithstanding the foregoing, unless otherwise provided in this Agreement, such prior written approval shall not be required for the purchase of articles, supplies, equipment and services which are incidental to, but necessary for, the performance of the work required under this Agreement. No approval by the County of any subcontract shall provide for the incurrence of any obligation by the County in addition to the total agreed upon price. The Contractor shall be responsible for the performance of any subcontractor for the delivery of service. 17. No Intended Third Party Beneficiaries This Agreement is entered into solely for the benefit of County and Contractor. No third party shall be deemed a beneficiary of this Agreement, and no third party shall have the right to make any claim or assert any right under this Agreement. 18. Certification as to Relationships The parties to this Agreement hereby certify that, other than the funds provided in this Agreement and other valid Agreements with the County, there is no known relationship within the third degree of consanguinity, life partner, or business, commercial, 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. 19. Publications and Publicity a. The Contractor shall not issue or publish any book, article, report or other publication related to the Services provided pursuant to this Agreement without first obtaining written prior approval from the County. Any such printed matter or other publication shall contain the following 10 of 28 pages Rev. 02/06/08; Law No. 08-DWI-012 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000002391 statement in clear and legible print: "This publication is fully or partially funded by the Suffolk County Executive's Office." b. The Department shall have the right of prior approval of press releases and any other information provided to the media, in any form, concerning the Services provided pursuant to this Agreement. 20. Copyrights and Patents a. Copyrights If the work of the Contractor under this Agreement should result in the production of original books, manuals, films or other materials for which a copyright may be granted, the Contractor may secure copyright protection. However, the County 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. b. Patents If the Contractor under this Agreement makes any discovery or invention in the course of or as a result of work performed under this Agreement, the Contractor may apply for and secure for itself patent protection. However, the County reserves, and the Contractor hereby gives to the County, and to any other municipality or government agency or body designated by the County, a royalty-free, nonexclusive license to produce or otherwise use any item so discovered or patented. End of Text for Exhibit I 11 of 28 pages Rev. 02/06/08; Law No. 08-DWI-012 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000002391 Exhibit II Suffolk County Legislative Requirements 1. Contractor'sNendor's Public Disclosure Statement The Contractor represents and warrants that it has filed with the Comptroller of Suffolk County the verified public disclosure statement required by Suffolk County Administrative Code Article V, Section A5-7 and shall file an update of such statement with the said Comptroller on or before the 31st day of January in each year of this Agreement's duration. The Contractor acknowledges that such filing is a material, contractual and statutory duty and that the failure to file such statement shall constitute a material breach of this Agreement, for which the County shall be entitled, upon a determination that such breach has occurred, to damages, in addition to all other legal remedies, of fifteen percent (15%) of the amount of the Agreement. Required Form: Suffolk County Form SCEX 22; entitled "Contractor'sNendor's Public Disclosure Statement" 2. Living Wage Law This Agreement is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific 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. The Contractor represents and warrants that it has read and shall comply with the requirements of Suffolk County Code Chapter 347, Suffolk County Local Law No. 12-2001, the Living Wage Law. Required Forms: Suffolk County Living Wage Form LW-1; entitled "Suffolk County Department of Labor - Living Wage Unit Notice of Application for County Compensation (Contract)" Suffolk County Living Wage Form LW-38; entitled "Suffolk County Department of Labor - Living Wage Unit Living Wage Certification/Declaration - Subject To Audit" 3. Use of County Resources to Interfere with Collective Bargaining Activities Local Law No. 26-2003 The Contractor represents and warrants that it has read and is familiar with the requirements of Chapter 466, Article 1 of the Suffolk County Local Laws, "Use of County Resources to Interfere with Collective Bargaining Activities". County Contractors (as defined) shall comply with all requirements of Local Law No. 26-2003 including the following prohibitions: a. The Contractor shall not use County funds to assist, promote, or deter union organizing. b. No County funds shall be used to reimburse the Contractor for any costs incurred to assist, promote, or deter union organizing. c. The County of Suffolk shall not use County funds to assist, promote, or deter union organizing. d. No employer shall use County property to hold a meeting with employees or supervisors if the 12 of 28 pages Rev. 02/06/08; Law No. 08-DWI-012 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000002391 purpose of such meeting is to assist, promote, or deter union organizing. If Contractor services are performed on County property the Contractor must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, non intimidation agreement and a majority authorization card agreement. 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. Required Form: Suffolk County Labor Law Form DOL-L01; entitled "Suffolk County Department of Labor - Labor Mediation Unit Union Organizing Certification/Declaration - Subject to Audit" 4. Lawful Hiring of Employees Law This Agreement is subject to the Lawful Hiring of Employees Law of the County of Suffolk (Local Law 52-2006). It provides that all covered employers, (as defined), and the owners thereof, as the case may be, that are recipients of compensation from the County through any grant, loan, subsidy, funding, appropriation, payment, tax incentive, contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or an awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit a completed sworn affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees (as defined) and with respect to the alien and nationality status of the owners thereof. The affidavit shall be executed by an authorized representative of the covered employer or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement with the County; and shall be made available to the public upon request. All contractors and subcontractors (as defined) of covered employers, and the owners thereof, as the case may be, that are assigned to perform work in connection with a County contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit to the covered employer a completed sworn affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as the case may be. The affidavit shall be executed by an authorized representative of the contractor, subcontractor, or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement between the covered employer and the County; and shall be made available to the public upon request. An updated affidavit shall be submitted by each such employer, owner, contractor and subcontractor no later than January 1 of each year for the duration of any contract and upon the renewal or amendment of the contract, and whenever a new contractor or subcontractor is hired under the terms of the contract. The Contractor acknowledges that such filings are a material, contractual and statutory duty and that the failure to file any such statement shall constitute a material breach of this agreement. 13 of 28 pages Rev. 02/06/08; Law No. 08-DWI-012 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000002391 Under the provisions of the Lawful Hiring of Employees Law, the County shall have the authority to terminate this Agreement for violations of this Law and to seek other remedies available under the law. This Agreement is subject to the Lawful Hiring of Employees Law of the County of Suffolk, Suffolk County Code Chapter 234, as more fully set forth in the Exhibit collectively referred to as the "Suffolk County Legislative Requirements." In accordance with this law, Contractor or employer, as the case may be, and any subcontractor or owner, as the case may be, agree to maintain the documentation mandated to be kept by this law on site at all times. Contractor or employer, as the case may be, and any subcontractor or owner, as the case may be, further agree that employee sign-in sheets and register/log books shall be kept on site at all times during working hours and all covered employees, as defined in the law, shall be required to sign such sign in sheets/register/log books to indicate their presence on the site during such working hours. The Contractor represents and warrants that it has read, is in compliance with, and shall comply with the requirements of Suffolk County Code Chapter 234, Suffolk County Local Law No. 52-2006, the Lawful Hiring of Employees Law. Required Forms: Suffolk County Lawful Hiring of Employees Law Form LHE-1; entitled "Suffolk County Department of Labor -"Notice Of Application To Certify Compliance With Federal Law (8 U.S.C. SECTION 1324a) With Respect To Lawful Hiring of Employees" "Affidavit Of Compliance With The Requirements Of 8 U.S.C. Section 1324a With Respect To Lawful Hiring Of Employees" Form LHE-2. 5. Gratuities The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement, and that the signer of this Agreement has read and is familiar with the provisions of Local Law No. 32-1980 of Suffolk County (Chapter 386 of the Suffolk County Code). 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas The Contractor represents that it is in compliance with Suffolk County Administrative Code Article IV, SSA4-13 and A4-14, found in Suffolk County Local Law No. 20-2004, entitled "A Local Law To Amend Local Law No. 5-1993, To Prohibit The County of Suffolk From Contracting With Corporations That Reincorporate Overseas." Such law provides that no contract for consulting services or goods and services shall be awarded by the County to a business previously incorporated within the U.S.A. that has reincorporated outside the U.S.A. 14 of 28 pages Rev. 02/06/08; Law No. 08-DWI-012 STOP-OWl Municipal Enforcement IFMS No. SC PRO 00000002391 7. Child Sexual Abuse Reporting Policy The Contractor agrees to comply with Chapter 577, Article IV, of the Suffolk County Code, entitled "Child Sexual Abuse Reporting Policy", as now in effect or amended hereafter or of any other Suffolk County Local Law that may become applicable during the term of this Agreement with regard to child sexual abuse reporting policy. 8. Non Responsible Bidder The Contractor represents and warrants that it has read and is familiar with the provisions of Suffolk County Code Chapter 143, Article II, SS143-5 through 143-9. Upon signing this Agreement the Contractor certifies that he, she, it, or they have not been convicted of a criminal offense within the last ten (10) years. The term "conviction" shall mean a finding of guilty after a trial or a plea of guilty to an offense covered under the provision of Section 143-5 of the Suffolk County Code under "Nonresponsible Bidder." 9. Use of Funds in Prosecution of Civil Actions Prohibited Pursuant to the Suffolk County Code Section S590-3, 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. 10. 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 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. If no Memorandum of Understanding ("Moun) 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. 11. Suffolk County Local Laws Website Address Suffolk County Local Laws, Rules and Regulations can be found on the Suffolk County web site at www.co.suffolk<htto://www.co.suffolk.nv.us>. Click on "Laws of Suffolk County" under "Suffolk County Links. " End of Text for Exhibit II 15 of 28 pages Rev. 02/06/08; Law No. 08-DWI-012 STOP-OWl Municipal Enforcement IFMS No. SC PRO 00000002391 Exhibit III Notices and Contact Persons 1. Notices Relating to Payments, Reports, Insurance, or Other Submissions Any communication, notice, claim for payment, report, insurance, or other submission necessary or required to be made by the parties regarding this Agreement shall be in writing and shall be given to the County or the Contractor or their 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 First Class and Certified Mail, Return Receipt Requested in Postpaid Envelope or by Courier Service .Q! by Fax .Q! by Email Suffolk County STOP-OWl Maria Perez-Lent, Coordinator H. Lee Dennison Bldg., 11'h Fir PO Box 6100 Hauppauge, NY 11788 For the Contractor: By First Class and Certified Mail, Return Receipt Requested in Postpaid Envelope .Q! by Courier Service or by Fax or by Email At the address set forth on page one of this Agreement, attention of the person who executed this Agreement or such other designee as the parties may agree in writing. 2. Notices Relating to Termination and/or Litigation In the event the Contractor receives a notice or claim or becomes a party (plaintiff, petitioner, defendant, respondent, third party complainant, third party defendant) to a lawsuit or any legal proceeding related to this Agreement, the Contractor shall immediately deliver to the County Attorney, at the address set forth below, copies of all papers filed by or against the Contractor. Any communication or notice regarding termination shall be in writing and shall be given to the County or the Contractor or their designated representative at the following addresses or at such other addresses that may be specified in writing by the parties and must be delivered as follows: For the County: By First Class and Certified Mail, Return Receipt Requested in Postpaid Envelope .Q! by Nationally Recognized Courier Service .Q! Personally and by First Class Mail Suffolk County STOP-OWl Maria Perez-Lent, Coordinator H. Lee Dennison Bldg., 11'h Fir PO Box 6100 Hauppauge, NY 11788 and Christine Malafi, County Attorney 16 of 28 pages Rev. 02/06/08; Law No. 08-DWI-012 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000002391 Suffolk County Department of Law H. Lee Dennison Building 100 Veterans Memorial Highway Hauppauge, New York 11788 For Contractor: By First Class and Certified Mail in Postpaid Envelope or by Nationally Recognized Courier Service or Personally and by First Class Mail At the address set forth on page one of this Agreement, attention to the person who executed this Agreement or such other designee as the parties may agree in writing. 3. Notices shall be deemed to have been duly delivered (i) if mailed, upon the seventh business day after the mailing thereof; or (ii) if by nationally recognized overnight courier service, upon the first business day subsequent to the transmittal thereof; or (iii) if personally, pursuant to New York Civil Practice Law and Rules Section 311; or (iv) if by fax or email, upon the transmittal thereof. "Business Day" shall be defined as any day except a Saturday, a Sunday, or any day in which commercial banks are required or authorized to close in Suffolk County, New York. 4. Each party shall give prompt written notice to the other party of the appointment of successor(s) to the designated contact person(s) or his or her designated successor(s). End of Text for Exhibit III 17 of 28 pages Rev. 02/06/08; Law No. 08-DWI-012 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000002391 Exhibit IV General Payment Terms and Conditions 1. General Payment Terms a. The Contractor shall prepare and present a claim form supplied by the County and approved for payment by the County ("Suffolk County Payment Voucher"). Claims shall be documented by sufficient, competent and evidential matter. Payment by the County will be made within thirty (30) days after approval by the Comptroller of the County of Suffolk. b. The Contractor agrees that it shall be entitled to no more than the fees set forth in this Agreement for the completion of all work, labor and services contemplated in this Agreement. c. The charges payable to Contractor under this Agreement are exclusive of federal, state and local taxes, the County being a municipality exempt from payment of such taxes. d. The acceptance by the Contractor of payment of all billings made on the final approved Suffolk County Payment Voucher under this Agreement shall operate as and shall be a release to the County from all claims and liability to the Contractor, its successors, legal representatives and assigns, for services rendered under this Agreement. 2. 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 Services covered by this Agreement. 3. Specific Payment Terms and Conditions 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. b. Budget The Contractor expressly represents and agrees that the Budget, to the extent applicable, lists all personnel and/or all other costs of services to be rendered by the Contractor under this Agreement. c. Payment of Claims The County, at its 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. 18 of 28 pages Rev. 02/06/08; Law No. 08.DWI-012 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000002391 d. Payment Vouchers 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 this 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 3151 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 in accordance with this Agreement. Disbursements made by the Contractor in accordance with this Agreement must be documented and must comply with accounting procedures as set forth by the Suffolk County Department of Audit and Control, including any other form(s) required by the Department or the Suffolk County Department of Audit & Control and 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. 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. f. Travel Costs The Contactor agrees that reimbursement for travel costs will not exceed amounts allowed County employees. g. Salaries Salary reimbursement shall be exclusive of and separate from employee share of withholding taxes. Withholding taxes are reimbursable only upon proof of deposit or payment to the Federal/State governments. 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. 19 of 28 pages Rev. 02/06/08; Law No. 08-DWI-012 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000002391 i. Actual Fringe Benefit Costs Fringe benefits claims should be based on actual costs. However, if the Contractor pays some or all fringe benefits on a quarterly, semiannual or annual basis, it may make monthly claims for such fringe benefits based on an estimated percentage of each eligible individual's salary, except that the claim submitted for the last month of each Budget Period must include an adjustment for fringe benefit expense changing it from estimated to actual cost, or the Contractor may include such adjustment in its supplementary claim submitted not more than thirty (30) days after the end of the Budget Period. If such adjustment is not submitted with the claim for the last month of the Budget Period, the Department may place such claim in reserve pending receipt and audit of the fringe benefit adjustment claim. The County may recoup any overpayment from any subsequent claim, or the Contractor shall promptly repay to the County any overpayment on demand. Furthermore, the Contractor agrees that all payments received by the Contractor for all items, including employee benefits, under this Agreement, are subject to adjustment as finally determined by audit, and that no indirect or overhead charges or any interest costs are to be included, unless specifically included in the Budget. j. Contractor's Staff The County shall have the right to prior approval of the filling of any position now vacant or hereafter becoming vacant and may, in the exercise of that right, promulgate reasonable regulations involving position control which shall, when promulgated, be deemed to be incorporated by reference in and be made part of this Agreement. k. Budget Deficiency Plan The County has imposed and may impose a budget deficiency plan(s). 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. I. Payments Contingent Upon Receipt of Aid If a state or federal government department or agency is funding this Agreement and should fail to approve aid in reimbursement to the County for payments made hereunder by the County to the Contractor for expenditures made during the term of this Agreement because of any act, omission or negligence on the part of the Contractor, then the County may deduct and withhold from any payment due to the Contractor an amount equal to the reimbursement denied by the Regulatory Agency or such department or agency, and the County's obligation shall be reduced by any such amounts. In such an event, if there should be a balance due to the County after it has made a final payment to the Contractor, the Contractor agrees promptly to reimburse the County the amount of the balance due the County by check to the order of the Suffolk County Treasurer. The provisions of this subparagraph shall survive the expiration or termination of the Agreement. m. Payments Contingent Upon State/Federal Funding Payments under this Agreement may be subject to and contingent upon continued funding by the state and/or federal Government(s). If, for any reason, the full amount of such funding is not made available to the County, this Agreement may be terminated in whole or in part, or the amount payable to the Contractor may be reduced, at the discretion of the Department, provided 20 of 28 pages Rev. 02/06/08; Law No. 08-DWI-012 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000002391 that any such termination or reduction shall not apply to allowable costs incurred by the Contractor prior to such termination or reduction to the extent that funds are available to the Department for payment of such costs. 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 and as may be promulgated by the Suffolk County Department of Audit and Control and any financial directives promulgated by the Department. b. The Contractor agrees to retain all accounts, records and other documents relevant to this Agreement for seven (7) years after final payment. Federal, State and/or County auditors and any persons duly authorized by the County shall have full access and the right to examine any of said materials during said period. 5. 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. If 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 of repayment to the Comptroller. If there is no response or if satisfactory repayments are not made, the County may recoup overpayments from any amounts due or becoming due to the Contractor from the County under this Agreement or otherwise. The provisions of this subparagraph shall survive the expiration or termination of the Agreement. 6. 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 such additional financial information in connection therewith, as may reasonably be requested by the Department or 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. 7. Financial Statements and Audit Requirements 21 of 28 pages Rev. 02/06/08; Law No. 08-DWI-012 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000002391 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 contract 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 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 OMS 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 OMS 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 Qr 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 government and ALL Federal funds passed through from the County and other pass-through entities. 22 of 28 pages Rev. 02/06/08; Law No. 08-DWI-012 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000002391 1. Copies of all financial statements, management letters, Single Audit Reports (if applicable) and other audit reports, if required, must be transmitted to the Department and to the Executive Director of Auditing Services at the address just set forth. The reports must be submitted within thirty (30) days after completion of the audit, but in no event later than nine (9) months after the 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 of the Contractor. Therefore, the records of the Contractor must be made available to authorized representatives of Federal, State or County government for that purpose. The provisions of the foregoing subparagraphs a through g of this paragraph shall survive the expiration or termination of this Agreement. 8. Statement of Other Contracts The Contractor has attached, and in the event of any change, will attach to any extension agreemenUamendment 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 of the County, the United States of America, the State of New York or other municipalities or organizations. 9. Salaries Salary reimbursement shall be exclusive of and separate from employee share of withholding taxes. Withholding taxes are reimbursable only upon proof of deposit or payment to the Federal/State governments. End of Text for Exhibit IV 23 of 28 pages Rev. 02/06/08; Law No. 08-DWI-012 STOP-OWl Municipal Enforcement IFMS No. SC PRO 00000002391 Exhibit V Description of Services and Specific Payment Terms -------------------------------------------------------------------- -------------------------------------------------------------------- Workplan: The monies provided under this contract are to be used to aid the suppression of drunk driving through intensified police patrols to identifY vehicle and traffic violations related to drunk driving. This should result in an increased number of arrests for driving while intoxicated and a reduction of alcohol related crashes and fatalities. Funding will be used by this agency to schedule and pay police officers employed by the Contractor for overtime for patrol duties exclusively to identifY and arrest the intoxicated driver, as well as related training and warrant enforcement. The hours of enforcement shall include times and days which have historically reflected high incidences of drunk driving, alcohol related crashes and fatalities. Scheduling may be organized due to seasonal traffic considerations and other activities related to incidences of drinking and driving. Scheduling of personnel may be dependent upon availability of staff. ------------------------------------------------------------ -- --~-------------------------------------------------------------- Budget: ITEMIZED EXPENDITURE CA TEGORlES Personnel Services - Salaries: Fringe Benefits: $19,000.00 (Overtime) $0,000.00 (Police Officer(s) at various rates established by public employees' contracts) Total of Personnel Services: $19,000.00 Total of All Services: $19,000.00 The total amount of this contract is to be expended on or prior to 12/31/08 in accordance with this Work Plan or any approved revisions/modifications to the Work Plan and/or Budget as provided by the contract between the County and the Contractor. All other costs related to administration, staff support and related operational equipment are in-kind contributed by the Contractor. The Contractor will be responsible for issuing timely reports in oral presentations and in writing on the status of pending and proposed activities, as may reasonably be requested by the Department. Depending upon the nature of the services provided under this Agreement, the parties may meet from time to time; the meeting time, place and attendees shall be as mutually agreed upon by the parties. All written reports will also be made available to the County in electronic format. All reports will use the format set forth in the forms included as part of this contract. 24 of 28 pages Rev. 02/06/08; Law No. 08-0WI-012 STOP-OWl Municipal Enforcement IFMS No. SC PRO 00000002391 Suffolk County STOP-OWl Claim Payroll Register Personal Services - Page 1 Month of , 2008 Voucher #: Claiming Agency: Town of Southold Instructions: Use this form to detail all SalarylWage Expenses for your project, for the period claimed. Submit this form together with a Standard Suffolk County Voucher to insure prompt processing. Check Date Number Payee Job Title Service Period Amount CERTIFICATION: I certify that the above information is just, true and correct; that no part thereof has been previously reported, and that such expenditures are proper and necessary. Project Director or Fiscal Officer: Signature and Title Date:-'_/_ Note: This register is not sufficient verification to support your claims. You MUST send additional material such as payroll records to support interim or post-audit of project expenses. You must maintain such documents on file as well. Use Page 2 of this form to record fringe benefit and Consultant costs for this project only if they are part of your contract budget. 25 of 28 pages Rev. 02/06/08; Law No. 08-DWI-012 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000002391 Suffolk County STOP-DWI Claim Record of Fringe benefits Personal Services - Page 2 Month of , 2008 Voucher #: Claiming Agency: Town of Southold Instructions: Use this form to detail all Fringe Benefit Expenses for your project, for the period claimed. Submit this form together with a Standard Suffolk County Voucher to insure prompt processing. Fringe Benefit Exoenses must be Dart of vour oriainal contract to be considered valid exoenses. Check Date Number Payee Job Title Service Period Amount CERTIFICATION: I certify that the above information is just, true and correct; that no part thereof has been previously reported, and that such expenditures are proper and necessary. Project Director or Fiscal Officer: Signature and Title Date:-,_/_ Note: This register is not sufficient verification to support your claims. You MUST send additional material such as payroll records to support interim or post-audit of project expenses. You must maintain such documents on file as well. Use Page 1 of this form to record SalarylWage costs for this project. 26 of 28 pages Rev. 02/06/08; Law No. 08-DWI-012 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000002391 Quarterly Expenditure Report Program Title: To: Suffolk County STOP-DWI Program From: Town of Southold Contract Period: From: To: Project Budget Category Budgeted Amount Expended this Month Total Expended to Date Balance Remaining PERSONAL SERVICES SUBTOTAL $ $ $ $ $ $ $ $ $ $ $ $ WAGES/SALARIES FRINGE BENEFITS OTHER THAN PERSONAL SERVICES TRAVEL $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ SUPPLIES/MATERIALS EQUIPMENT PURCHASE ALL OTHER COSTS SUB TOTAL TOTAL PROJECT COSTS CERTIFICATION: I certify that the above information is a complete, accurate, and up-to-date portrayal of actual necessary expenditures made for my project during the time period indicated. Project Director or Fiscal Officer: Signature and Title INSTRUCTIONS: The Project Director or Project Fiscal Officer must submit a Quarterly Expenditure Report to the STOP- DWI Coordinator within 30 days after the close of each quarter. Such report, when submitted in conjunction with "Standard Vouchers", will help monitor overall project progress, ensure proper cash flow to maintain the project, and help you plan and control expenditures for the duration of the project. All expenditures submitted should reflect only those incurred for the period submitted. Date: ---!---!_ BUDGET AMMENDMENTS: You may not exceed the Total Project Budgeted Amount or Project Budget Category Amounts without written approval, as per conditions of the contract. Expenditures may be disallowed if they exceed limitations without prior written approval from the County. 27 of 28 pages 3. 6. 7. Rev. 02/06/08; Law No. 08-0WI-012 STOP-OWl Municipal Enforcement IFMS No. SC PRO 00000002391 STOP-OWl MONTHLY ARREST REPORT SUFFOLK COUNTY 1. Total number of persons arrested and charged with a violation of 1192. 2. Total number of charges for: a. 1192.1 b. 1192.2 c. 1192.2 and 1192.3 d. 1192.3 e. 1192.4 Total number of persons arrested for Section 1192 violations by sex: a. Male b. Female Total number of persons arrested for Section 1192 violations by day: a. b. c. d. e. f. g. Sunday Monday Tuesday Wednesday Thursday Friday Saturday Town of South old REPORTING AGENCY Total number of persons arrested for Section 1192 violations by time intervals: a. 6:01 AM to 6:00 PM b. 6:01 PM to 9:00 PM c. 9:01 PM to 12:00 AM d. 12:01 AM to 3:00 AM e. 3:01 AM to 6:00 AM 28 of 28 pages 8. 9. REPORTING PERIOD Total number of persons arrested for Section 1192 violations by age: a. b. c. d. e. f. g. h. i. j k. I. m. n. o. under 18 18 19 20 21-24 25-29 30-34 35-39 40-44 45-49 50-54 55-59 60-64 65-69 70 and over Total number of persons arrested for Section 1192 violations by BAC Level: a. Chemical test refusals: b. Test administered - results not available: Negative_ .01 .02_ .03_ .04_ .05_ 06_ .07_ .08_ 09_ 10_ .11 12_ .13_ .14_ .15_ .16_ .17_ .18_ .19_ .20_ .21 .22_ .23_ .24_ .25_ .26_ .27_ .28_ .29_ >.30_ Legislative Requirements Package These forms must be completed and returned with your signed contracts. You must send 1 original and 6 copies of this package. Instructions for the forms: Suffolk County Form 22 - Complete #1 - #4 of Page 1 Check #12-b of Page 2 - Sign & Notarize Living Wage Complete LW-38 If you check Box 1 -you must complete form LW-1 taking special note of the requirments for #12 & #13 If you check Box 2 - Skip form LW-1 Union Organizing Form - 2 pages - to be completed Lawful Hiring Compliance- LHE-1 (1 page) and LHE-2 (1 page) Complete Both Please note LHE-2 requires notary If you have any questions please contact Douglas Death at (631) 853-5720 ';f.;....../ 11.,-.0 U . Suffolk County Form 22 Contractor'sNendor's Public Disclosure Statement Pursuant to Section A5-7 of the Suffolk County Administrative Code, this Public Disclosure Statement must be completed by all contractors/vendors that have a contract with Suffolk County. In the event contractor/vendor is exempt from completing paragraphs numbered I through II 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 Route 25 - POB 1179 City and State Southold, NY Zip Code 11971 2. Contracting Department's Name Southold Town Police Department Address 41405 Route 25 - POB 911 - Peconic, NY 11958 3. Payee Identification or Social Security No. 4. Type of Business_Corporation _Partnership_Sole Proprietorship.i... 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 $1,0007 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 Pu ant. (Strike this out if not applicable.) 10. The undersigned shall include this Contractor'sNendor's Public Disclosure Statement with the contract. (Describe general nature of the contract.) Page 1 of 3 Public Disclosure Form 11. Remedies. The failure to file a verified public disclosure statement as required under local law shall constitute a material breach of contract. Suffolk County may resort, use or employ any remedies contained in Article II of the Uniform Commercial Code of the State of New York. In addition to all legal remedies, Suffolk County shall be entitled, upon a determination that a breach has occurred, to damages equal to fifteen percent (15%) of the amount of the contract. 12. If you are one of the entities listed below at a) through c) or you qualifY under d) below, you are exempt from completing paragraphs numbered I through II herein: _ a) Hospital ---.XlL b) Educational or goverrunental entities _ c) Not-for-profit corporations _ d) Contracts providing for foster care, family day-care providers or child protective servIces Please check to the left side of the appropriate exemption. 13. Verification. This section must be signed by an officer or principal of the contractor/vendor authorized to sign for the company for the purpose of executing contracts. The undersigned being sworn, affirms under the penalties of perjury, that he/she has read and understood the foregoing statements and that they are, to his~er own kno led ue. Dated: 2/13/08 Signed: Printed Name of Signer: .-ca-rn. Cochran, Jr. Title of Signer: Chief of Police Name ofContractorNendor: Southold Town Police Department UNIFORM CERTIFICATE OF ACKNOWLEDGMENT (Within New York State) STATE OF NEW YORK) COUNTY OF Suffolk) ss.: On the !3-1f day of February in the year 200lbefore me, the undersigned, personally appeared Carlisle E. ochran, Jr. , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 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 ~trument. . ~~l!il\ f) .r!t/dJ?) (sIgnature and office 0 mdlvldual taking acknowledgement) PNfRlGIA D. GARSIK NotaJy Public, State of New York No. 01GA4522513 Qualllled In Suffolk COIlntV v'O' J 7\ Commleslon expires Aug\I8t'f.~V Page 1 of 2 Public Disclosure Form SUFFOLK COUNTY DEI'ARTMENT OF LABOR - LIViNG WAGE UNIT LIViNG WAGE CERTIFICATION/DECLARATION - SIIBJECT TO AUDIT If either oftbe 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-t (Notice of Application for County Compensation). If the following definitions do not apply, the contractor/recipient must complete Sections 2, 3 and 4 below. Completed forms must be submitted to the awarding agency. "Any grant, loan, tax incentive or abatement, bond financing subsidy or other form of compensation of more that $50,000 which is realized by or provided to an employer of at least ten (10) employees by or through the authority or approval of the County of Suffolk," or "'Any service contract or subcontract let to a contractor with ten (10) or more employees by the County of Suffolk for the furnishing of services to or for the County of Suffolk (except contracts where services are incidental to the delivery of products, equipment or commodities) which involve an expenditure equal to or greater than $10,000. For the purposes of this definition, the amount of expenditure for more than one contract for the same service shall be aggregated. A contract for the purchase or lease of goods, products, equipment, supplies or other property is not 'compensation' for the purposes of this definition." Section I GJ Check if applicable Section II D Check if applicable Section III Contractor Name: Contractor Address: Contractor Phone #: The Living Wage Law applies to this contract. 1/we hereby agree to comply with all the provisions of Suffolk County Local Law No. 12-2001, the Suffolk County Living Wage Law (the Law) and, as such, will provide to all full, part-time or temporary employed persons who 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 $10.40 ($9.25 for child care providers) per hour worked with health benefits, as described in the Law, or otherwise $11.84 ($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) l/we further agree that any tenant or leaseholder of this company that employs at least ten (10) persons and occupies property or uses equipment or property that is improved or developed as a result of compensation or any contractor or subcontractor of this company that employs at least ten (10) persons in producing or providing goods or services to this company that are used in the project or matter for which this company has received compensation shall comply with all the provisions of the Law, including those specified above. (Chapter 347-2) I/we further agree to permit access to work sites and relevant payroll records by authorized County representatives for the purpose of monitoring compliance with regulations under this Chapter of the Suffolk County Code, investigating employee complaints of noncompliance and evaluating the operation and effects ofthis Chapter, including the production for inspection & copying ofpayroJl 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 verifY compliance with the provisions of the Law. (Chapter 347-4 C) The Living Wage Law does not apply to this contract for the following reason(s): Town of Southold 116001939 $19,000.00 Federal Employer ID#: 53095 Route 25 - POB 1179 Amount of compensation: Southold, NY 11971 (631) 765-2600 Vendor #: Description of project or service: Section IV I declare under penalty of perju and that the above is Aut STOP DWI tat f New York that the undersigned is authorized to provide this certification, 2/13/08 Date C~Tli~lp R rnrhT~n) TT , rhipf nf Pnlirp Print Name and Title of Authorized Representative LW 38 (revised 6-07, replaces forms LW2, LW3, and LW33) SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT NOTICE OF APPLICATION FOR COUNTY COMPENSATION (Contract) Living Wage Law, Suffolk County Code, Chapter 347 (2001) To Be Completed By Applicant/ Employer/Contractor 1) NAME: Southold Town Police Department 2) VENDOR #: 4) CONTACT: 6) ADDRESS: 11-6001939 3) CONTRACT ID #: (lfknO\vn) 5) TELEPHONE #: (631) 765-2600 (If known) Carlisle E. Cochran, Jr. Chief of Police 41405 Route 25 - POB 911 Peconic, NY 11958 7) TERM OF CONTRACT (DATES): 1/1/08 to 12/31/08 8) PROJECT NAME: (IF DIFFERENT FROM #1) STOP DWI 9) AMOUNT: $19,000.00 10) AWARDING AGENCY: 11) BRIEF DESCRIPTION OF PROJECT OR SERVICE: STOP DWI Enforcement Suffolk County STOP-DWI 12) PROJECTED EMPLOYMENT NEEDS: (attach a statement listing, by job classification, the total workforce dedicated to performing this contract or service, including calculation of estimated net increase or decrease in jobs as a result of funding). 13) PROJECTED WAGE LEVELS: (attach a statement listing projected wage levels, compensated days off and medical benefits for total workforce dedicated to fulfilling the terms of this contract, broken down annually for each year of the term of the contract). L W-I(revised 4/05) POLICE DEPAQTMENT TOWN OF oOUTtlOLD CARLISLE E. COCHRAN, JR. Chief of i'olice Telephone Emergency Dial 977 Suffolk County Department of Law Addendum to L W-l To Comply with Sections 12 & 13 At this time the Southold Town Police Department employs 49 full time police officers. The minimum hourly wage for a police officer is $18.48 per hour. In addition each officer receives full medical benefits with a minimum annual premium of$6,357.12, and a minimum of34 compensated days off. Compensated days off include holiday, vacation and personal days, sick time is not included in this total. While the total workforce may change it will not be as a result of this contract. No other personnel other than full time police officers will be used to comply with this contract. 41405 Rome 25. P.O. Box 911 . Peconic, N.Y. 11958 Administrative (631) 765-2600/2601. Fax (631) 765-2715 Sum)]k County. New York Department of Labor SUFFOLK COUNTY DEPARTMENT OF LABOR - LABOR MEDIA TlON UNIT UNION ORGANIZING CERTlFICATION/DECLARATlON -SVBJECT TO AVDIT If the following dermition of "Connty Contractor" (Vnion Organizing Law Chapter 466-2) applies to the contractor'slbeneficiary's business or transaction witb Suffolk County, the contractorlbeneficiary must complete Sections I, III, and IV below. If the following definitions do Dot apply, tbe contractorlbeneficiary must complete Sections II, HI and IV below. Completed forms must be submitted to the awarding agency. County Contractor: "Any employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a written contract with the County of Suffolk or any of its agencies; pursuant to a Suffolk County grant; pursuant to a Suffolk County program; pursuant to a Suffolk County reimbursement for services provided in any calendar year; or pursuant to a subcontract with any ofthe above." Section I Check if /"'vpiicable D The Union Organizing Law applies to this contract. I/we 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 cost" incurred to assist, promote, or deter union organizing. (Chapter 466-3 B) l/we further agree to take all action necessary to ensure that County funds are not used to assist, promote, or deter union organizing. (Chapter 466-3 0) l/we further agree that l/we will not use County property to hold meetings to assist, promote, or deter union organizing. (Chapter 466-3E) I/we further agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are made, I/we shaH 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 Departroent of Law upon request. (Chapter 466-3 I) I/we further affinn to the following as to the goods andlor services that are the subject ofthe contract with the County of Suffolk: . I/we will not express to employees any false or misleading infonnation that is intended to influence the determination of employee preferences regarding union representation; . I/we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining representative; . J/we will not require an employee, individually or in a group, to attend a meeting or an event that is intended to influence his or her decision in selecting or not selecting a bargaining representative; . I/we understand my/our obligation to limit disruptions caused by prerecognition labor disputes through the adoption of nonconfrontational procedures for the resolution of prerecognition labor disputes with employees engaged in the production of goods or the rendering of services for the County; and . I/we have or will adopt any or all ofthe above-referenced procedures, or their functional equivalent, to ensure the efficient, timely, and quality provision of goods and services to the County. I/we shall include a list of said procedures in such certification. I/we further agree that every County contract for the provision of services, when such services will be performed on County property with respect to those services and/or the use of County funds, shall include a requirement that I/we adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, no intimidation agreement, and a majority authorization card agreement. I/we further agree that every County contract for the provision of human services, when such services are not to be perfonned on County property, shall include a requirement that I/we adopt, at the least, a neutrality agreement with respect to those services andlor the use of County funds. I/we understand that the efficien~ timely, and nondisruptive provision of goods and services is a paramount financial interest of the County of Suffolk and as such, the County expects the potential County contractor to protect the County's financial interest by adopting nonconfrontational procedures for the orderly resolution 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-LO I (9/26/07) Suffolk County, New York Department of Labor Section II The Union Organizing Law does not apply to this contract for the following reason(s): D Check if Applicable Section III Contractor Name: Town of Southold Federal Employer ID#: 116001939 Contractor Address: 53095 Route 25 : POB 1179 Southo1d, NY 11971 Amount of Assistance: $19,000.00 Vendor #: Contractor Phone #: (631) 765-2600 STOP DWI Description of project or service: Section IV I declare under penalty of perjury un r certification, and that the abov . Laws of the State of New York that the undersigned is authorized to provide this Autho . Date 2/13/08 Carlisle E. Cochran, Jr., Chief of Police Print Name and Title of Authorized Representative DOL-LO I (9/26/07) SUFFOLK COUNTY DEPARTMENT OF LABOR NonCE OF APPLlCA nON TO CERTIFY COMPLIANCE WITH FEDERAL LA W (8 U.S.c. SECTION 1324A) WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES Suffolk County Code, Chapter 234 (2006) To Be Completed By Applicant/ Covered Employer//Owner EMPLOYERlCORP.lBUSINESS/COMP ANY NAME: Southold Town Police Department 1) ADDRESS: 41405 Route 25 - POB 911 Peconic, NY 11958 2) NOT-FOR-PROFIT: YES_ NO~ (SUBMIT PROOF OF IRS NOT-FOR-PROFIT STATUS) 3) VENDOR#: 11-6001939 4)**CONTRACTID: (lfknown) (631) 765-2600 (lfknown) 5) CONTACT: Carlisle E. Cochran, Jli}TELEPHONE#: Chief of Police 7) TERM OF CONTRACTOR EXTENSION (PROVIDE DATES): 1/1/08 to 12/31/08 8) AMOUNT OF CONTRACT OR EXTENSION: $19,000.00 9) BRIEF DESCRIPTION OF PROJECT OR SERVICE STOP DWI Enforcement SUBCONTRACTOR: I) ADDRESS: 2) VENDOR#: 3) TELEPHONE #: 4) CONTACT: 5) DESCRIPTION OF COMPENSATION, PROJECT OR SERVICE: EVIDENCE OF COMPLIANCE: COPIES OF THE FOLLOWING MUST BE MAINTAINED BY COVERED EMPLOYERS OR THE OWNERS THEREOF FOR EACH EMPLOYEE FOR THE TIME PERIODS SET FORTH IN SUFFOLK COUNTY CODE, CHAPTER 234, SECTION 5 (e): A. United States passport; or B. resident alien card or alien registration card; or C. birth certificate indicating that person was born in the United States; or D. (l) a driver's license, if it contains a photograph of the individnal; and (2)a social security account number card (other than such a card which specifies on its face that the issuance of the card does not authorize employment in the United States); or E. employment authorization documents such as an H-]B visa, H-28 visa, and L-] visa, or other work visa as may be authorized by the United States Government at the time the County contract is awarded for all covered employees. LHE-] ( 03/07) AFFIDAVIT OF COMPLIANCE WITH THE REQUIREMENTS OF 8 V.S.C. SECTION 1324a WITH RESPECT TO LA WFVL HIRING OF EMPLOYEES State of New York County of Suffolk ss: ) Carlisle E. Cochran, Jr. , , being duly sworn, deposed and says: (Print Name of Deponent) I. I am awoot/authorized representative of (Circle one) Southold Town Police Department (Name of Corp., Business, Company) 2. I certifY that I have complied, in good faith, with the requirements of Title 8 of the United States Code (U.S.c.) section 1324a (Aliens and Nationality) with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as set forth in Suffolk County Code Chapter 234 (2006). ~ ~ (Sig ure of Deponent) Sworn to before me this 13~ day of February ,2008 (I~p~{)~ (Notary Public) , PATRICIA O. GAASIK "_fIUbIc, State of New York No.OtGA4522513 Quellfltd In Suffolk Counly 1 Coll'lmltllon expires August a 1 .dl iJ LHE-2 (01/07) SUFFOLK COUNTY PAYMENT VOUCHER Dept.: Contact: Payment Voucher # Responsible Agcy Modify n ~ ~ # Dept Address ~ .,6 ~J Date of Record (mmiadryy) Accounting Period (mmlyy) Bndget FY (yy) Documnt Total (Include Cents) Vendor Code (10.1) Address Vendor Name Single Cbuk Indicator (Y/N) Schednled~Pay Date (mm/thUyy) Offset Liability Account (4) Lo (02) Reference Document _...._......._._......._. ~'~~~~'~~~~ ~ ~~ ~ Cd (2) Number (11) Lu (2) Cum Lo # (3) Invoice ............................ Number (12) Ln (3) Fnd (3) Agy (3) (hgn (4) Sub Org (2) Actv (4) Obj (4) Sub Obj (2) Rept Cat (4) Capital j Pro ect F (8) Rev (4) BS Acct (4) Description (l71 Amount (luctude Ceuta) VD P/F 01 02 03 04 05 Additional Comments DEPARTMENT CER'['(FICA'l'ION: f hereby certify that the materials above specified have been received by me in goal condition without substitution. The service properly performed and Iha[ the quantities [hereof have been verified with the exceptions of discrepancies noted and payment is approved. SIGNED DATE TITLE Form PV Original: Audit 8 Control PAYEE CFBTTFTCATION: I certify that the above bill is just, tme and corral; That no part thereof has been paid except as stated; that the balance is actually due and owing; that loxes Imm which the County is exempt aze excluded and that I have read and-am familiar with [he provisions of Local Law 32-1980 as Detailed in the payee instnrction section of [his voucher. PAYEE'S SIGNATURE TITLE NAME OF COMPANY Yellow Copy: Depanment Accounting winos amz Payment Voucher Form The Payment Voucher (PV) serves as the vendor invoice. Once the vendor completes their part of the PV it is forwarded to the appropriate Counp agrnn for farther processing. The PV will be used by when funds have not been encumbered. This form stay also be used for Capital Project ea~pe[tditures. The vendor will only enter the followine or. the PV. R aired Vrndor Code Enter vendor Federal IDK or Social Secunn~ R aired Vendor Name En[er vendor name as it is to a on check. Re aired Vendor Address Enter address where the check rs be mailed. Required Additional Commrnts Enter description of materials and/or services provided and amount charged, indicated in dollazs and cents. R caved Payee's Sigtature Re risible n to siazt and date PV here. R aired Title Enter tide of son sirnitte PV. -oral Name of Com v Enter name of the coin v that the vrnirts PV is associated with. The department will complete the form by eolering the following on the PV: Required Dept, adds & contact This info is needed lodetermioe delivery. R aired Payment Voucher K This number is e- red on the form. R aired Asrnc~ Enter the name of the submittins aeencv before sendins this form to the vendor Conditional Modify' t! If this form is request a change to a previously submitted PV, cross out the pre-printed form numbs and enter the number of [he revtously submmtted PV in Itus field. Optional Date of Record Accoun[ins Period Bud_et FY These three fields are entered by the depat'mtent only if they wish to post date a P V to a prior veaz. If left blank IFMS will infer the date the document was entered. R ~ ed Donmmrnt Total Enter the net amount of all lines on the document Required Vendor Code/ NamdAddress Should have been rntercd by vendor. -gaol Sinsle Checl: Indicator Tf t must be on a to check rater "Y" here [ions! Scheduled Pav Date If a ial vment date is being re ues[ed eats the date here usins MM/DD/YY format. Conditional Offset Liabiliri~ Account Leave blank. R aired Line !: This field rs akeadv filled for vou. It defines the accountitts line number to IFM-4 N/A Referenced Document Leave b1a»k- N/A Commaiih Line leave blank. tional Invoice Enter to a twelve diet a! -numeric vendor referee here that will a on the check stub. R aired Fund Enter throe dint al ha-numeric cede which indicates what fiord will be charmed. R aired A,en Enter three divot a! -numeric code which indicates wfiat d eat will be charved. Required Organizauw Enter four digit alpha-nutrient code which indicates what organuatioa within the defined agency will be chareed. Conditional Sub-Oreani~ation Leave blank. Conditional AcUvirv Leave blank. Conditional Ob~cet Eats four dut al numeric code which indicates what ob ect uill be cued. Conditional Sub-Object Enter hvv digit alpha-numeric case which links the exprndtture to a spec cltar__e by a Contract ~, otherwise leave bleak. Conditional Reporting Category Eater four digit alpha-numcic code wfiich links the expenditure to a gattt or a particu7az police command, otherwise leave blank. Conditional __ Ca ital Pro-ect If [he dilute is for a Ca ital Project enter the ocet number. Otherwise leave blank. Conditiwal Revenue Source Enter only to record Vendor credit aeainst a revenue butL=et. Conditional BS Accotmt Use if payment is to be made against a balance shcet account instead of a budget line. Also use to record retainaoe rtion of a t. tional Descri tiott Enter to a thirty diet ha-numeric ~rneral desm lion you want recorded with the documwt R aired Amoun[ Enter the amount, indicated in dollars and cents, chazeed to [his Ime Conditio~l LD (IncreaseJDecreasej Leave blank, unless retainage or lim is involved To record retaina°e or lien ester "D" (decease) for amount bein withheld far the retainaee or lies Conditional P/F (Par4allFi»all Leave blan}:. Requued Additional Comments Should have been entered by vendor. Information here will be used to validate accounting entries above- R - ed Pavee's Sigtattne Title Should have been entered by vrndor. tional Name of Co v Should have bern entered by vendor. aired Sinned eat head or their desigtee siEn here. R aired Date Enter dated eat head of then destgtce si3ted PV here. . R aired Title Eater title of sianitte PV'. ' seo~. os iroz r- SUFFOLK COUNTY PAYMENT VOUCHER Dept.: Contact: Payment Voucher # Responsible Agcy Modify 14 9 0 # Dept. Address 9 6 Date of Record (tnmldd/yy) Accounting Period (m(n/yy) Budget FY (yy) Document Total (Include Cents) Veodor Code (141) Address Veodor Name Single Check Indicator (Y/I~ Sciutduled~ Pay Date (mm/dd/yy) Offset Liability Account (4) I,u t02) .Reference Document .............._...._.............._ Cd (2) Number (D) Ln (2) Com Ln A (3) Invoice .............. Number (12) Ln (3) Pud (3) Agy (~ Orgn (4) Sub (hg (2) Actv C4) Obj (4) Sub Obj (2) Rept Cat (4) Capital Roject # (R) Rev (4) BS Awt (4) Description (l7) Amount (Include Cents) I/D P/P 01 02 03 04 05 Additional Comments DEPARTMENT CER'['D~IC.4170N: I hereby certify that the mau;rials above specified have been received by me in good wndition without substitution. The service properly performed and [ha[ the quantifies [hereof have been verified with the exceptions of discrepancies noted and payment is approved. SIGNED DATE TITLE Fonn PV Original: Audit & Control PAYEE CEItTTPICATION: 7 certify that the above bill is just, We and rglrect; that no par[ [hereofhas been paid ezcept as slated; that the balance is actually due and owing; that taxes Crom which the County is exempt are excluded and [hat I have read and-am familiar with the provisions of Local Law 32-19R0 as detailed in the payee instnrc[ion section o[ [his voucher. PAYEE'S SIGNATURE TITLE NAME OF COMPANY Yellow Copy: Department Accounting scorns amz