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HomeMy WebLinkAboutWorksite MemorandumRESOLUTION 2008-689 ADOPTED DOC ID: 4058 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-689 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 15, 2008: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Worksite Memorandum of Understandin~ A~reement between the Town of Southold and the Suffolk County Department of Labor in connection with the work experience programs for eligible Suffolk County residents and other pertinent programs operated by the Department of Labor, for a term that will expire on June 30, 2013, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell ROBERT W. DOW, JR. COMMISSIONER DEPARTMENT OF LABOR 726 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788 COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE ADDRESSCORRESPONDENCETO: P.O. BOX 1319 SMITHTOWN, N.Y. 11787-0895 e-mall:sc.dol(~)s uffolkcou ntvnv.(Iov FAX # (631) 853-6510 www.suffolkcou ntyny.gov/labor October 3, 2008 Town of Southold 53095 Route 25 Southold, NY 11971-0959 Attn: Scott Russell, Supervisor Dear Supervisor Russell: Please find enclosed, for your records, a fully executed Worksite Memorandum of Understanding for your agency. Any questions please call me at 853-3870. Very truly yours, EL/km Enclosure Eric Lopez, Director Suffolk Works Employment Program Worksite Development Unit Rev. 11/02107; Law No. 13-LB-025 Worksite MOU - WIA and/or SWEP Worksite Memorandum of Understanding (MOU) This Agreement ("Agreement") is between the County of Suffolk ("County"), a municipal corporation of the State of New York, acting through its duly constituted Department of Labor ("Department"), located at Building 17, North County Complex, 725 Veterans Memorial Highway, Hauppauge, New York 11788; and Town of Southold ("Contractor"), having its principal place of business at 53095 Route 25, Southold, NY '1"197f-0959 The parties hereto desire to make available for eligible Suffolk County residents an employment and training program that includes work experience under the Workforce Investment Act (WIA) or the Suffolk Works Employment Program (SWEP), and other pertinent programs operated by the Department, and to establish the conditions, limitations and work rules to be observed by the Contractor and the Department under this Agreement. Term of Agreement: July ], 2008 through June 30, 2013. ' Total Cost of Agreement: No payments to Contractor. 'Payments to trainees as provided in Exhibit D, attached. Terms and Conditions: Shall be as set forth in Exhibits A through D; attached hereto and made a part hereof. In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. Insert Name of Contractor y: Title: Supervisor Fed. Tax II;) # 'l'l-600f 939 Date: Approved as to Legality: Christine M~af~, Cou~ Attorney Cynthia Kay Parry ^ssistantlCounty~Attomey Date: ~ County of Suffolk BV: _~~. ~.' CounW Executive Oeputy Date: Approya0: Department of Labor/ Robert W. Dow, Jr. / Commissioner Date: Page 1 of 19 Pages Rev. 11102/07; Law No. 13-LB Worksite MOU - WIA and/or SWEP List of Exhibits Exhibit A General Terms and Conditions 1. Contractor Responsibilities 2. Term and Termination 3. Indemnification 4. Insurance 5. Independent Contractor 6. Severability 7. Merger; No Oral Changes 8. Set-Off Rights 9. Governing Law 10. No Implied Waiver 11. Conflicts of Interest 12. Cooperation on Claims 13. Confidentiality 14. Assignment and Subcontracting 15. Certification as to Relationships 16. Publications and Publicity Exhibit B Suffolk County Legislative Requirements 5. 6. 7. 8. 9. 10. 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 Suffolk County Local Laws Website Address Exhibit C Notices and Contact Persons Exhibit D Procedures and Requirements 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Compliance with the Worksite Manual Law, Rules and Regulations Fraud, Abuse and Other Criminal Activity Screening of Personnel Political Activities Sectarian Activities Nondiscrimination Certifications Payroll Procedures/Fringe Benefits Reporting of Injuries Termination of Trainees Responsibility for Wages Contractor Assurances and Certification Page 2of19 Pages Rev. 11102107; Law No. 13-LB Worksite MOU - WIA and/or SWEP 14. Maintenance of Effort 15. Union Concurrence 16. Trainee Evaluations 17. ' Self-Monitoring 18. State Liability 19. Agreement Subject to Appropriation of Funds 20. Payments Contingent Upon State/Federal Funding 21. Audit, Inspections and Records 22. Conflict of Interest/Nepotism Page 3 of 19 Pages Rev. 1'1102/07; Law No. 13-LB Worksite MOU - WIA and/or SWEP Exhibit A General Terms and Conditions Contractor Responsibilities The Contractor shall provide the Services, as more particularly described in Exhibit D, entitled "Procedures and Requirements." 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 other authorities for the Services provided. 2. Term and Termination a. Term bo 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, pursuant to the following paragraphs, the Contractor shall promptly discontinue all Services affected, unless otherwise directed by the Termination Notice. Termination for Cause This Agreement may be terminated in whole or in part in writing by the County in the event of failure by Contractor to fulfill any of the terms and conditions under this Agreement; provided that no such termination shall be effective unless Contractor is given five (5) calendar days' written notice of intent to terminate ("Notice of Intent to Terminate"), delivered in accordance with the Exhibit in this Agreement entitled "Notices and Contact Persons." During such five (5) day period, the Contractor will be given an opportunity for consultation with the County and an opportunity to cure all failures of its obligations prior to termination. Prior to issuance of a written termination notice ("Termination Notice") by the County, the Contractor shall be given an additional five (5) days to cure all failures to fulfill its obligations under this Agreement. In the event that the Contractor has not cured all its failures to fulfill its obligations to the satisfaction of the County by the end of the combined ten (10) day period, the County may issue a Termination Notice, effective immediately. c. 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' written notice of termination. Upon giving of a notice pursuant to the foregoing sub-paragraph, the Contractor shall promptly discontinue all services affected unless otherwise directed by the notice of termination. In such event of termination, payments to trainees shall be made for the period through the date of termination. Page 4 of 19 Pages Rev. '11102107; Law No. '13-LB Worksite MOU - WIA and/or SWEP 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 ali liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and reasonable attorneys' fees, arising out of the acts or omissions or the negligence of the Contractor in connection with the services described or referred to in this Agreement. The Contractor shall defend the County and its officers, officials, employees, contractors, agents and other persons in any suit, including appeals, or at the County's option, pay reasonable attorney's fees for defense of any such suit arising out of the acts or omissions or negligence of the Contractor, its officers, officials, employees, subcontractors or agents, if any, in connection with the services described or referred to in this Agreement. b. Federal Copyright Act The Contractor hereby represents and warrants the Contractor, will not infringe upon any copyrighted work or matedal in accordance with the Federal Copyright Act dudng 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 attorney's fees, arising out of the acts or omissions or the negligence of the Contractor in connection with the services described er referred to in this Agreement. The Contractor shall defend the County and its officers, officials, employees, contractors, agents and other persons in any suit, including appeals, or, at the County's option, pay reasonable attorney's fees for defense of any such suit arising out of the acts or omissions or negligence of the Contractor, its officers, officials, employees, subcontractors, lessees, licensees, invitees or agents, if any, in connection with the services described or referred to in this Agreement. 4. Insurance 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: 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. Page 5 of 19 Pages Rev. 11102107; Law No. 13-LB Worksite MOU - WIA and/or SWEP 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 {}{}57 and 220 of the Workers' Compensation Law. in accordance with General Municipal Law §108, this Agreement shall be void and of no effect unless the Contractor shall provide and maintain coverage during the term of this Agreement for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. iV. Professional Liability insurance in an amount not less than Two Million Dollars ($2,000,000.00) on either a per occurrence or claims made coverage basis. All policies providing such coverage shall be issued by insurance companies with an A.M. Best rating of A- or better. 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. All such Declaration Pages, certificates and other evidence of insurance shall provide for the County of Suffolk to be notified in writing thirty (30) days prior to any cancellation, nonrenewal or material change in said policies. Such Declaration Pages, certificates, policies and other evidence of insurance and notices shall be mailed to the Department at its address as set forth in this Agreement in the paragraph entitled "Notices and Contact Persons" or at such other address of which the County shall have given the Contractor notice in writing. In the event Contractor shall fail to provide the Declaration Pages or certificates of insurance or to maintain any insurance required by this Agreement, the County may, but shall not be required to, obtain such policies and deduct the cost thereof from payments due Contractor under this Agreement or any other agreement between the County and Contractor. 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. Page 6 of 19 Pages Rev. 11/02/07; Law No. 13-LB Worksite MOU - WIA and/or SWEP 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. 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. 10. No Implied Waiver 11. 12. 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. Conflicts of Interest 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, 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. Cooperation on Claims Each of the parties hereto agrees to render diligently to the other party, without additional compensation, any and all cooperation, that may be required to defend the other party, its employees and designated representatives against any claim, demand or action that may be brought against the other party, its employees or designated representatives in connection with this Agreement. 13. Confidentiality Any records, reports or other documents of the County or any of its agencies used by Contractor pursuant to this Agreement or any documents created as a part of this Agreement shall remain the property of the County and shall be kept confidential in accordance with applicable laws, rules and Page7of19 Pages Rev. 11/02/07; Law No. 13-LB Worksite MOU - WIA and/or SWEP regulations. 14. Assignment and Subcontracting ao 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. 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 pumhase of articles, supplies, equipment and services which are incidental to, but necessary for, the performance of the work required under this Agreement. Ne 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. 15. 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 part!es, the signatories to this Agreement, and any partners, members, directors, or shareholders of five percent (5%) (or more) of any party to this Agreement. 16. Publications and Publicity 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 statement in clear and legible print: "This publication is fully or partially funded by the Suffolk County Executive's Office." 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. End of Text for Exhibit A Page 8 of 19 Pages Rev. 11102/07; Law No. 13-LB Worksite MOU - WIA and/or SWEP Exhibit B Suffolk County Legislative Requirements 1. Contractor's/Vendor'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. Requimd 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" 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 Resoumes 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. 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. Page 9 of t9 Pages Rev. 11102107; Law No. 13-LB Worksite MOU - WIA and/or SWEP No employer shall use County property to hold a meeting with employees or supervisors if the purpose of such meeting is to assist, promote, or deter union organizing. If Contractor services are performed on County property the Contractor must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, nonintimidation agreement and a majority authorization card agreement. If Contractor services are for the provision of human services and such services are not to be performed on County property, the Contractor must adopt, at the least, a neutrality agreement. Under the provisions of Local Law No. 26-2003, the County shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for violations of this Law. Required Form: Suffolk County Labor Law Form DOL-LO1; 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, contrac{, 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 Page 10 of 19 Pages Rev. 1'1102107; Law No. 13-LB Worksite MOU - WIA and/or SWEP the failure to file any such statement shall constitute a material breach of this agreement. Under the provisions of the Lawful Hiring of Employees Law, the County shall have the authority to terminate this Agreement for violations of this Law and to seek other remedies available under the law. The Contractor represents and warrants that it has read, is in compliance with, and shall comply with the requirements of Suffolk County Code Chapter 234, Suffolk County Local Law No. 52-2006, the Lawful Hiring of Employees Law. Required Forms: Suffolk County 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, §§A4-13 and A4-14, found in Suffolk County Local Law No. 20-2004, entitled "A Local Law To Amend Local Law No. 5-1993, To Prohibit The County of Suffolk From Contracting With Corporations That Reincorporate Overseas." Such law provides that no contract for consulting services or goods and services shall be awarded by the County to a business previously incorporated within the U.S.A. that has reincorporated outside the U.S.A. 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. Page 11 of 19 Pages Rev. 11102107; Law No. 13-LB Worksite MOU - WIA and/or SWEP 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, §§143-5 through 143-9. Upon signing this Agreement the Contractor certifies that he, she, it, or they have not been convicted of a criminal offense within the last ten (10) years. The term "conviction" shall mean a finding of guilty after a trial or a plea of guilty to an offense covered under the provision of Section 143-5 of the Suffolk County Code under "Nonresponsible Bidder." 9. Use of Funds in Prosecution of Civil Actions Prohibited Pursuant to the Suffolk County Code Section §590-3, the Contractor represents that it shall not use any of the moneys 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. Suffolk County Local Laws Suffolk County Local Laws, Rules and Regulations can be found on the Suffolk County web site at www.co.suffolk<http://www.co.suffolk.ny.us>. Click on "Laws of Suffolk County" under "Suffolk County Links." End of Text for Exhibit B Page t2 of 19 Pages Rev. 11102107; Law No. 13-LB Worksite MOU - WIA and/or SWEP Exhibit C Notices and Contact Persons 1. Operational Notices Any communication, notice, claim for payment, reports, 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 or Certified Mail in Postpaid Envelope or by Courier Service or by Fax or by Email Suffolk County Department of Labor Building 17, North County Complex 725 Veterans Memorial Highway Hauppauge, New York 11788 Att. Raymond O'Rourke For the Contractor: By First Class or Certified Mail in Postpaid Envelope or 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 in Postpaid Envelope or by Nationally Recognized Courier Service or Personally and by First Class Mail Suffolk County Department of Labor Building 17, North County Complex 725 Veterans Memorial Highway Hauppauge, New York 11788 Att. Robert W. Dow, Jr. Commissioner and Page 13 of 19 Pages Rev. 11/02107; Law No. 13-LB Worksite MOU - WIA and/or SWEP Christine Malafi, County Attorney 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. Notices shall be deemed to have been duly delivered (i) if mailed by registered or certified mail, 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. 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 C Page 14 of 19 Pages Rev. '11102107; Law No. 13-LB Worksite MOU - WIA and/or SWEP Exhibit D Procedures and Requirements Compliance with the Worksite Manual The Contractor shall comply with the requirements of the applicable Worksite Manual. The Contractor hereby certifies and acknowledges having had the opportunity to review the manual and understands the applicable requirements, as well as the terms therein specified, and agrees to adhere to and comply with them. 2. Laws, Rules and Regulations The Contractor shall comply with all applicable federal, state and local laws, rules, and regulations which deal with or relate to the employment of persons who perform work or are trained under this Agreement, including, but not limited to, the Workforce Investment Act 0NIA) of 1998, subsequent amendments, and the regulations and policies thereunder, the provisions of the various public assistance employment programs, the provisions of the Fair Labor Standards Act, the Equal Opportunity Clauses of the Civil Rights Act of 1964 and any subsequent amendments, and the health and safety standards established under State and Federal law and applicable to the working conditions of trainees. 3. Fraud, Abuse and Other Criminal Activity For programs funded under the WIA, all information and complaints involving fraud, abuse, other criminal activity, or violations of law, shall be reported directly and immediately to the: Office of the Inspector General United States Department of Labor Room S-5506 200 Constitution Avenue, N.W. Washington, D.C. 20210 4. Screening of Personnel If (i) the Contractor performs or provides day care services (whether or not it has a contract with the Suffolk County Department of Social Services) and (ii) the activities of the trainees under this Agreement may be anticipated to bring them into contact with children receiving day care services, the Contractor shall comply with the requirements of Local Law No. 1-1985, as amended (Suffolk County Code Chapter 256) as now in effect or as amended hereafter or of any other Suffolk County Local Law that may become applicable during the term of this Agreement with regard to the screening of personnel in connection with day care services. 5. Political Activities It is agreed that the work performed under this Memorandum of Understanding shall in no way or to any extent be used in the conduct of political, partisan or election campaign activities, nor shall any trainee be selected, rejected, promoted or discriminated against in any way based on political belief or affiliation. 6. Sectarian Activities The Contractor agrees that trainees shall not be utilized on the construction, operation or maintenance Page 15 oft9 Pages Rev. 11102107; Law No. 13-LB Worksite MOU - WIA and/or SWEP of any podion of any facility as is used or to be used for sectarian instruction or as a place of religious worship. Additionally, no trainees shall be placed in any capacity to free any other person for the performance of such duties or activities. 7. Nondiscrimination In accordance with Article 15 of the Executive Law (also known as the Human Rights Law) and all other County, State and Federal administrative, statutory and constitutional nondiscrimination provisions, the Contractor shall not discriminate against any employee or applicant for employment and/or trainee in any program covered by this Agreement, because of race, creed, religion, color, sex, national origin, age, disability, sexual preference, political affiliation, marital status, prior criminal records, or Vietnam era or other veteran status. In addition, the Contractor shall not discriminate against any individual who is a participant in a program or activity that receives funds under Title I of the Workforce Investment Act solely because of the status of the individual as a participant. Participation in programs or activities receiving funds under Title I of the Workforce Investment Act shall be available to citizens and nationals of the United States, lawfully admitted permanent resident aliens, refugees, asylees, and parolees, and other immigrants authorized by the Attorney General to work in the United States. 8. Certifications Together with this MOU and as a condition precedent to its execution by the County, the Contractor shall have executed and delivered to the Department the Certification Regarding Lobbying, Debarment, Suspension, and Other Responsibility Matters, and the Drug-Free Workplace Requirements. The Contractor shall promptly advise the County of any material change in Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions, as required by Federal Department of Labor Regulations. The Contractor shall promptly advise the County of any material change in any of the information reported on such Certification(s) and shall otherwise comply with, and shall assist the County in complying with, said Regulations as now in effect or as amended during the Term of the Agreement. 9. Payroll Procedures/Fringe Benefits Trainees entitled to wages under the applicable federal/state program shall be paid by the Department through the Suffolk County biweekly payroll system. Public Assistance recipients obtaining work experience will be credited for work performed at either the minimum wage or the prevailing wage for comparable work, whichever is higher. The Contractor shall maintain individual records of time worked by trainees on time sheets approved by the Department. Time records shall be maintained on a daily basis and shall document actual hours worked. Proper maintenance of time cards shall be the responsibility of the Contractor. The Contractor shall ensure that records ara properly completed and validated, by signature of the trainee and the worksite supervisor, within collection procedures and time frames established by the Department for processing of input documents through the payroll system. Trainees in wage paying programs shall be paid no less than the Federal or State minimum wage, whichever is greater. Trainees shall work in those occupational titles identified by the Contractor and approved by the Department. Fringe benefits provided by the Department shall include, as appropriate and applicable, FICA, Workers' Compensation, General Liability, Unemployment Insurance and other such benefits as are determined by the Department to be in accordance with local law and relevant Federal and State regulations. Page 16 of 19 Pages Rev. 11102107; Law No. 13-LB Worksite MOU - WIA and/or SWEP 10. Reporting of Injuries In the event that a trainee is injured and the injury either causes the trainee to lose time at work or to obtain medical attention, the Contractor must immediately notify the Department of ~he injury by phone. Within one working day, the Contractor must provide to the Department a written report of the injury on letterhead paper and containing information as to: a. Name of the trainee. b. When, where, how and why the injury occurred. c. Nature of the injury. d. Witnesses to the injury. e. Whether the trainee was sent home, to a hospital or to a physician. f. If medical treatment was given, the name and address of the physician. g. The name, title and phone number of the person who prepared the report. If the immediate supervision of the trainee is provided by the Department, the above-mentioned items shall be the responsibility of the Department's on-site supervisor. 11. Termination of Trainees Trainees may be terminated by the Contractor for reasonable cause at any time during the term of th'is Agreement following verbal approval by the Department. When appropriate, prior to termination which is deemed necessary by the Contractor, trainees shall be granted reasonable opportunity for correction of attitudes or improvement of performance. Following termination of a trainee, a full bill of padiculars should be submitted to the Department at the above-stated address within two (2) weeks of the termination date. Responsibility for Wages In the event that it is finally determined that a trainee was terminated or suspended without just cause, and if such termination or suspension was initiated by the action of the Contractor without authorization from the Department, then the Contractor, at its sole cost and expense shall make payment to the trainee of any award to which the trainee may be entitled under the applicable program. Contractor Assurances and Certification The Contractor certifies: a. That sufficient staff and administrative capability is available to operate the activities of the applicable employment and training programs. b. That only time actually worked by a trainee shall be certified on his/her time sheet, and that a current time sheet shall be maintained for each trainee. c. That there is sufficient, meaningful work to occupy all the trainees assigned during the hours Page 17 of'19 Pages 12. 13. Rev. 11/02/07; Law No. 13-LB Worksite MOU - WIA and/or SWEP they are at the site. d. That worksite supervisors shall attend training sessions, provided by the Department, as appropriate. e. That trainees are adequately protected against hazards or activities which may adversely affect their health or safety. f. That any special clothing, specific tools or equipment which may be required for the trainees to perform the work assigned shall be provided by the Contractor. 14. Maintenance of Effort The Contractor shall ensure that: a. No trainees shall be used to replace or perform any work ordinarily and actually performed by regular employees (including partial displacement such as a reduction in the hours of non- overtime work, wages or employment benefits), or to replace or to perform any work which wou~d ordinarily be performed by craft or trade unions in private employment. b. No program shall impair existing contracts for services or collective bargaining agreements. c. No trainee shall be employed or job opening filled (1) when any individual is on layoff from the same or a substantially equivalent job, or (2) when the employer has terminated the employment of any regular employee or otherwise reduced its workforce with the effect of filling the vacancy so created by hiring a trainee. d. No jobs shall be created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals. e. Work performed by trainees under this Memorandum of Understanding shall only be in addition to work which would otherwise be provided by the Contractor without assistance under the applicable program. f. The work experience assignment shall not result in the filling of any established unfilled position vacancy by a trainee, 15. Union Concurrence When an activity authorized by the Department would be inconsistent with a collective bargaining agreement, written union concurrence must be obtained before placement of the trainee(s) in the Contractor's organization. 16. Trainee Evaluations The Contractor shall provide performance evaluations of trainee(s) on forms provided by the Department. Evaluations shall be submitted at intervals specified by the Department. 17. Self-Monitoring The Contractor agrees to establish self-monitoring procedures to ensure compliance with program operations, the applicable regulations and the provisions of this Agreement. Page 18 of 19 Pages Rev. 11/02107; Law No. 13-LB Worksite MOU - WIA and/or SWEP 18. State Liability 19. 20. 21. Unless the Contractor is a department or agency of the State of New York, the State of New York is not a party to this Memorandum of Understanding and has no legal liability thereunder, either under the terms and conditions stipulated herein, or with regard to any such liability, legal actions, or disputes as may arise under this Memorandum between the Department and the Contractor. Agreement Subject to Appropriation of Funds This Agreement is subject to the amount of funds appropriated and any subsequent modifications thereof by the Suffolk County Legislature, and no liability shall be incurred by the County under this Agreement beyond the amount of funds appropriated by the legislature for the Program covered by this Agreement. Payments Contingent Upon State/Federal Funding Payments under this Agreement are 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 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. Audit, Inspections and Records The Contractor agrees that for a period of seven (7) years it shall maintain and have available for audit and inspection by the Department and/or its designee any books, documents, papers and records pertaining to each and every trainee's payroll record and personnel file. 22. Conflict of Interest/Nepotism To avoid conflict of interest, the Contractor agrees that no trainee will be hired under this Agreement who is a member of the immediate family of any person employed in an administrative or supervisory capacity by the Contractor. Immediate family shall include wife, husband, daughter, son, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law father-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. End of Text for Exhibit D Page t9 of 19 Pages CERTIFICATION REGARDING LOBBYING, DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS, AND DRUG-FREE WORKPLACE REQUIREMENTS Applicant should refer to the regulations cited below to determine the certification included in the regulations before completing the form. Signature of this form provides for compliance with certification requirements under 34 CFR Part 82, "New Restrictions on Lobbying," and 34 CFR Part 85, "Government-wide Debarment and Suspension (Non-Pmcurament) and representation of fact upon which reliance will be placed when the Department of Labor determines to award the covered transaction grant, or cooperative 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code and implemented at 34 CFR Part 82 for pemons entering into a grant or cooperative agreement over $100,000, as defined at 34 CFR Part 82, Section 82.105 and 82.110, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behaif of the undemigned, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. (b) If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of a member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. (c) The undemigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements and subcontracts) and that all subrecipients shall certify and disclose accordingly. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contracts under a public transaction, violation of federal or State antitrust statutes or commission of embezzlement, their, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicated or otherwise criminally or civilly charged by a Government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph A (b) of the certification; and (dj Have not within a three-year period preceding this application had one or more public transactions (Federal, State and local) for cause or default; and Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach and explanation to this application. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drag-Fmc Workplace Act of 1988, and implemented at 34 CFR part 85, Subpart F, for grantees, as defined at 34 CFR Part 85, Sections 85.605 and 85.610. The applicant that it will or will continue to provide a drug-fi~ee workplace by: As required by Executive Order 12549, Debarments and Suspension, and implemented at 34 CFR Part 85, for prospective participants in primary covered transactions, as defined at 34 CFR part 85, Sections 83.105 and 85.110. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department of agency; (b) GM 50 (1-92) Have not within a throe-year period preceding this application been convicted (a) (b) Publishing a statement notifying employees that the manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; Establishing an on-going drag-free awareness program to inform employees about: The dangers ofdmg abuse in the workplace; ~c) (d) (e) (0 The grantee's policy of maintaining a drug-free workplace; Any available drug counseling, rehabilitation, and employee assistance program; and The penalties that may be imposed upon employee for drag abuse violation occurring in the workplace: Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); Notifying the employee in the statement required by paragraph (a) that as a condition of employmant under the grant, the employee will: Abide by the terms of the statement and; Notify the employer in writing of his or her conviction for a violation of a criminal drag statute occurring in the workplace no later than five calendar days at~er such conviction; Notifying the agency, in writing within 10 calendar days after having received notice under subparagraph (dx2) from an employee or otherwise receiving actual police of such conviction. Employem of convicted employees must provide notice, including position title, to: Director, Grants Management Bureau, State Office Building Campus, Albany, New York 12240. Notice shall include the identification number(s) of each affected grant. Taking one of the following action, within 30 calendar days of recoiving notice under subparagraph (dx2), with respect to any employee who is so convicted: Taking appropriate personnel action against such an employee, up to and including termination, consistent with the Requirements of the Rehabilitation Act of 1973, as amended; or Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a Federal, State or local health, law enforcement, or other appropriate agency; making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), (f), The grantee may insert in the space provided below the site(s) for the performance of work done in connection with this specific grant. Place of Performance (street, address, city, county, state, zip code). DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 34 CFR part 85, Subpart F, for grantees, as defined at 34 CFR Part 85, Sections 85.605 and 85.610. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use ora controlled substance in conducting any activity with the grant; and If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Director, grants Management Bureau, State Office Building Campus, Albany, NY 12240. Notice shall include the identification number(s) of eanh affected grant. Check if there are workplaces on file that are not identified here. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. Town of Southold Name of ApplicentJGrantee/Subgrantee Scott Russell, Super~or ~ ~Printed Name andTitl~,,~Orized Re sentative Signature GM 50 (1-92) Suffolk County Legislative Requirements Exhibit for Contracts This exhibit is attached to and is made part of the contract executed with the County. II III IV Suffolk County Living Wage Requirements "Suffolk County Living Wage Requirements" Exhibit (2 pages); rev 5/05 Suffolk County Department of Labor - Living Wage Unit Certification/Declaration - Subject to Audit Form LW-38 (consists of 1 page); rev. 6/07 Contractor's/Vendor's Public Disclosure Statement Form SCEX 22; rev. 3130/04 (form consists of three pages; requires signature & notarization) Note: The Contractor'sNendor's Public Disclosure Statement Form SCEX 22; rev. 3/30/04, Union Organizing Certification/Declaration - Subject to Audit; rev, 9/07 Form LO1 (consists of 2 pages) Lawful Hiring Compliance Requirements Notice of Application to Certify Compliance with Federal Law (8 U.S,C. Section 1324A) with Respect to Lawful Hiring of Employees (consists of 1 page) Form LHE-1 Affidavit of Compliance with the Requirements of) 8 U.S.C. Section 1324A) with Respect to Lawful Hiring of Employees (consists of 1 page) Form LHE-2 Notice of Non-Applicability for compliance with Federal Law (8 U.S.C. Section 1324A ) with Respect to Lawful Hiring of Employees (consists of 1 page) Form LHE-6 I Suffolk County Living Wage Documents Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor in 6~07 Pursuant to Section 6 of Chapter 347 of the Suffolk County Local Law No. 12-2001, "A Local Law to Implement Living Wage Policy for the County of Suffolk" (the "Living Wage Law"), all RFPs, County contracts and financial compensation agreements subject to the law shall contain the following two paragraphs or substantially equivalent language: This Agreement is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific exemptions apply all employers (as defined) under service contracts and recipients of County financial compensations, (as defined) shall provide payment of a minimum wage to employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law of the County of Suffolk. Under the provisions of the Living Wage Law~ the County shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set forth therein for violations of this Law. Forms for Completion and/or Sig nature (as applicable) Suffolk County Department of Labor- Living Wage Unit Notice of Application for County Compensation (Contract) Form LW-1 (consists of 1 page) Suffolk County Department of Labor - Living Wage Unit Certification/Declaration - Subject to Audit Form LW-38 (consists of I page) (Replaces LW2, LW3 and LW33) Suffolk County Department of Labor - Living Wage Unit Request for General Living Wage Exemption Form LW-4 (consists of I page) 'Suffolk County Department of Labor- Living Wage Unit Request for Specific Living Wage Exemption Form LW-5,(consists of 2 pages) t of 2 pages Suffolk County Living Wage Requirements Exhibit As Last Revised by the SuffOlk County Department of Labor in 6~07 Note: Pursuant to Section 7 of Local Law No.18- 2002, "A Local Law to Implement Living Wage Policy for County of Suffolk", all covered employers subject to the provisions of the Living Wage Law shall submit a completed and sworn (under penalty of perjury) Certification/Declaration - Subject to Audit Form LW-38, signed by an authorized representative, as part of an executed contract with the County of Suffolk. The complete (~,ertifica'tion/Declaration - Subject to Audit Form LW-38 shall be made a part of any executed contract or project agreement and made available to the public upon request. To certify Living Wage compliance: Return Forms LW-1 and LW-38. or To certify non-applicability of LiVing Wage law: Return Form LW-38. or To request and document a general living wage exemption: Return Forms LW-I LW-38 and LW-4. or To request and document a specific living wage exemption: Return Forms LW-, LW-38 and LW-5. In the event that there is a change in circumstances, it is the Contractor's responsibility to submit to the County additional Living Wage forms which either replace or supplement prior submissions of Living Wage forms. Living Wage Law Information Fact Sheet, text of the Local Law, Frequently Asked Questions, Forms, and Rules and Regulations can be found on the Suffolk County web site at www.co.suffolk.ny.us Click: Department Directory Labor Living Wage Law Info Suffolk County Department of Labor Living Wage Unit Tel. (631) 853-3808 End of Text for Suffolk County Living Wage Requirements Exhibit As Last Revised by the Suffolk County Department of Labor in 6/07 2 of 2 pages SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT LIVING WAGE CERTIFICATION/DECLARATION - SUBJECT TO AUDIT If either of the following definitions of 'compensation' (Living Wage Law Chapter 347 - 2) applies to the contractor's/racipieut's business or transaction with Suffolk County, the eoutractor/recipient must complete Sections 1, 3, 4 below; and Form LW-I (Notice of Application for County Compensation). If the following definitions do not apply, the contractor/recipient must complete Sections 2, 3 and 4 below. Completed forms must be submitted to the awarding agency. "Any grant, loan, tax incentive or abatement, bond 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 fins definition." Section I The Living Wage Law applies to this contract. I/we hereby agree to comply with all the provisions of Suffolk County Local Law No. 12-2001, the Suffolk County Living Wage Law (the Law) and, as such, will provide to all full, part-time or temporary employed persons who perform work or render services on or for a project, mat~er, cuntract 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) Check if applicable I/we furxher 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 mat~er for which this company has received compensation shall comply with all the provisions of the Law, including those specified above. (Chapter 347-2) Section II I/we fu~her agree to permit access to work sites and relevant payroll records by authorized County representatives for the purpose of monitoring compliance with regulations under this Chapter of the Suffolk County Code, investigating employee complaints of noncompliance and evaluating the operation and effects of this Chapter, including the production for inspection & copying of payroll records for any or all employees for thc term of the conUact 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 oftha Law. (Chapter 347-4 C) The Living Wage Law does not apply to this contract for the following reason(s):. No County Funds Exoended Check if applicable Section HI Contractor Name: Contractor Address: Contractor Phone #: Town of Southhold 53095 Route 25 //P.O. Box 1179 Southold, NY 11971-0959 765-1889 Federal Employer ID#: Amount of compensation: Vendor #: 11-6001939 Description of project or service: Provision of work experience to eligible program oarticinants. Section IV I declare under penalty of p~ury under the Laws of the State of New York that the undersigned is authorized to provide this certification, and that the above is true,/i'd correct' /~ ~'" Authorized Sig~atu~ ' ~ Date ' · Scott Russell~ Supervisor Print Name and Title of Authorized Representative LW 38 (revised 6-07, replaces forms LW2, LW3, and LW33) II Contractor's/Vendor's Public Disclosure Statement Documents Suffolk County Form 22 Contractor's/Vendor's Public Disclosure Statement Pursuant to Section A5-7 of the Suffolk County Administrative Code, this Public Disclosure Statement must be completed by all contractors/vendors that have a contract with Suffolk County. In the event contractor/vendor is exempt from completing paragraphs numbered 1 through 11 below, so indicate at paragraph number 12 below setting forth the reason for such exemption. Notwithstanding such exempt status, you must execute this form below before a notary public. 5.b Contractor's/Vendor' s Name Address City and State Contracting Department's Name Address Zip Code Payee Identification or Social Security No. Type of Business Corporation__Partnership__Sole Proprietorship__Other Is contractor/vendo---r entering into or has contractor/vendor entered into a contract with Suffolk County in excess of $1,0007 Yes No. 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. 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.) 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). go 10. Does contractor/vendor derive 50% or more of its total revenues from its contractual or vendor relationship with Suffolk County?.__ Yes __No. If you answered yes to 8 above, you must submit with this disclosure statement, a complete financial statement listing all assets and liabilities as well as a profit and loss statement. These statements must be certified by a Certified Public Accountant. (Strike this out if not applicable.) The undersigned shall include this Contractor's/Vendor's Public Disclosure Statement with the contract. (Describe general nature of the contract.). Page 1 of 3 Public Disclosure Form 11. 12. X a) b) c) d) 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. 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 1 through 11 herein: Hospital Educational or governmental entities Not-for-profit corporations Contracts providing for foster care, family day-care providers or child protective services. Please check to the left side of the appropriate exemption. 13. Dated: Printed Name Bf Signer: Title of Signer: Name of Contractor/Vendor: 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/h~wl~ Signed: Scott Russell Supervisor Town of Southold UNIFORM CERTIFICATE OF ACKNOWLEDGMENT (Within New York State) STATE OF NEW YORK) COUNTY OF ) ss.: On the d/:~V~ay of (~ ~ in the year 2008 before me, the undersigned, personally appeared SCoTt ~ - £~$~t'cc ~/ personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (signatu~~ ~f indi~knowledgement) LINDA d COOPE~ NOTARY PUBLIC ~.;~r~, ~f New NO. 01COz~82£553, c ~?,~)unty Term Expires Decemu:~ ,~ i, Page 2 of 3 Public Disclosure Form UNIFORM CERTIFICATE OF ACKNOWLEDGEMENT (Without New York State) STATE OF ) )SS.: COUNTY OF ) On the day of in the year 2008 before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les) and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual(s) made such appearance before the undersigned in (Insert the city or other political subdivision and the state or country or other place the acknowledgement was taken) (signature and office of individual taking acknowledgement) Contractor'sNendor's Public Disclosure Statement Form (Rev. 3/04) Page 3 of 3 Public Disclosure Form C:\Documents and Settings\kmancini'uMy Documents\MOU Surf Co Exhibit Pub Disc Form 22-1.doc III Union Organizing Certification/Declaration Suffolk County, New York Department of Labor SUFFOLK COUNTY DEPARTMENT OF LABOR - LABOR MEDIATION UNIT UNION ORGANIZING CERTIFICATION/DECLARATION - SUBJECT TO AUDIT If the following definition of "County Contractor" (Union Organizing Law Chapter 466-2) applies to the contractor's/beneficiary's business or transaction with Suffolk County, the contractor/beneficiary must complete Sections I, III, and IV below. If the following definitions do not apply, the contractor/beneficiary must complete Sections II, III and IV below. Completed forms must be submitted to the awarding agency. County Contractor: "Any employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a written contract with the County of Suffolk or any of its agencies; pursuant to a Suffolk County grant; pursuant to a Suffolk County program; pursuant to a Suffolk County reimbursement for services provided in any calendar year; or pursuant to a subcontract with any of the above." Section I -~ The Union Organizing Law applies to this contract. 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 to the goods and/or services that are the subject of the contract with the County of Suffolk shall not use County funds to assist, promote, Check if or deter union organizing (Chapter 466-3 A), nor seek reimbursement from the County for costs incurred to assist, Applicable promote, or deter union organizing. (Chapter 466-3 B) I/we further agree to take all action necessary to ensure that County funds are not used to assist, promote, or deter union organizing. (Chapter 466-3 H) I/we further agree that I/we will not use County property to hold meetings to assist, promote, or deter union organizing. (Chapter 466-3E) l/we further agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are made, l~we shall maintain records sufficient to show that no County funds were used for those expenditures and, as applicable, that no reimbursement from County funds has been sought for such costs. I/we agree that such records shall be made available to the pertinent County agency or authority, the County Comptroller, or the County Department of Law upon request. (Chapter 466-3 I) I/we further affirm to the following as to the goods and/ur services that are the subject of the contract with the County of Suffolk: · I/we will not express to employees any false or misleading information that is intended to influence the determination of employee preferences regarding union representation; · I/we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining representative; · Fwe will not require an employee, individually or in a group, to attend a meeting or an evem 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 prerecognitinn labor disputes through the adoption of nonconfrontatinnal procedures for the resolution of prerecognition labor disputes with employees engaged in the production of goods or the rendering of services for the County; and · I/we have or will adopt any or all of the above-referenced procedures, or their functional equivalent, to ensure the efficient, timely, and quality provision of goods and services to the County. Fwe shall include a list of said procedures in such certification. Section II Check if Applicable The Union Organizing Law does not apply to this contract for the following reason(s): No County Funds Expended DOL-LOI (3/5/08) Suffo. lk County, New York Department of Labor Section III Contractor Name: Contractor Address: Contractor Phone: Descril~tion of project or service: Town of Southold 53095 Route 25 # P.O. Box 1179 Southold, NY 11971-0959 765-1889 Federal Employer ID#: Amount of Assistance: Vendor #: Provision of work experience to eligible program participants. 11-6001939 Section IV In the event any part of the Union Organizing Law, Chapter 466 of the Laws of Suffolk County, is found by a court of competent jurisdiction to be preempted by federal and/or state law, this certification/declaration shall be void ab initio. Section V I declare under penally' of perjury under the Laws of the State of New York that the undersigned is authorized to provide this certification, and ~gtrj~'le above is tru.~md correct. Authorized Signature t' Date Scott Russell, Supervisor Print Name and Title of Authorized Representative DOL-LO1 (3/5/08) SUFFOLK COUNTY DEPARTMENT OF LABOR NOTICE OF NON-APPLICABILITY FOR COMPLIANCE WITH FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES Suffolk County Code, Chapter 234 (2006) To Be Completed By Awardin~ A~enc~, The Lawful Hiring of Employees Law does not apply to the covered employer, contractor or sub- contractor, listed below. Please check the appropriate box to indicate the basis for non-applicability. Contractor Name: Town of Southold Federal Employer ID# 11-6001939 Contractor Address: 53095 Route 25 Southold, NY 11971-0959 Contractor Phone #: 765-1889 Description of project or service: Provision of work experience to eligible oro~,ram oarticipants. 1) x Recipients of compensation from the County, through any grant, loan, subsidy, agreement, lease or other financial compensation agreement issued by the County or awarding agency, where such compensation is NOT one hundred percent (100%) funded by the County. 2) [] This law shall not apply to the subcontractors of not-for-profit corporations. Authorized County Signature Patrieia Wiener~ Labor Specialist IV Print Name and Title of Authorized County Representative Date LHE-6 (01/07) SUFFOLK COUNTY DEPARTMENT OF LABOR- LIVING WAGE UNIT NOTICE OF NON-APPLICABILITY OF LIVING WAGE LAW Living Wage Law, Suffolk County Code, Chapter 347 (2001) To Be Completed By The Living Wage Unit DATE: August 12, 2008 TO: Jennifer Stavola~ S. C. Dept of Labor FROM.'~enda ROsenberg, Director TELEPHONE #: 853-3808 (Awarding Agency) (Living Wage Uni0 EMPLOYER: Town of Southold VENDOR #: 11-6001939 REF.: Work Experience You are hereby notified that the response t~om Town of Southold has been evaluated by the Living Wage Unit of the Suffolk County Department of Labor. We find that this employer is not covered by the Suffolk County Living Wage Law (Local Law #12-2001), and that the requiremems of this law as currently constituted do not constrain this contractor at this time. Brenda Rosenberg Director of Living Wage Compliance Suffolk County Department of Labor LW-26 SUFFOLK COUNTY DEPARTMENT OF LABOR NOTICE OF APPLICATION TO CERTIFY COMPLIANCE WITIa FEDERAL LAW (8 U.S.C. SECTION 1324Al WITH ItESPECT TO LA WFUL HIRING OF EMPLOYEES. VERIFICATION OF SUBMISSION OF LAWFUL HIRING OF EMPLOYEES Suffolk County Code, Chapter 234 (2006) To Be COmpleted By the Lawful Hiring of Employees Unit DATE: ~ TO: Jennifer Stavola~ S. C. Dept of ~l,ahor FROM:~ TELEP~IONE #: 853-3808 EMPLOYER: Town of Southold VENDOR #: 11-6001939 (Awarding Agency) (Living Wage Unit) You are hereby notified that the submission from Town of Southold has been received by the Lawful Hiring of Employees Unit of the Suffolk County Department of Labor. We fred that this submission is complete and is in compliance with the requirements set forth by the Suffolk County Lawful Hiring of Employees Law (Local Law #52-2006),. LHE-3 (01/07)