The URL can be used to link to this page

Home My WebLink AboutSTOP-DWI ProgramSouthold Town Board - Letter Board Meeting of April 21, 2009 RESOLUTION 2009-325 ADOPTED Item # 5.20 DOC ID: 4938 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-325 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 21, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor, Scott A. Russell to execute an Agreement with the County of Suffolk for the 2009 STOP-DWI Program in an amount not to exceed $19,000.00, for the term January 1, 2009 through December 31, 2009, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Alber~ Krupski .lt., Councilman AYES: Rulanc~, O_rlando, Krupski .lr., Wickham, Evans, Russell Generated April 22, 2009 Page 29 Rev. 04/08/09; Law No. 09-DWI-011 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000003330 DWI Enforcement Agreement 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 Probation/STOP-DWI Program (Department), located at H. Lee Dennison Building, 11~h 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 1179, Southold, New York 11971-1682. 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 D entitled "Services," attached. Term of Agreement: January 1, 2009 through December 31,2009. Total Cost of Agreement: Shall not exceed $19,000.00, as set forth in Exhibit E, attached. Terms and Conditions: Shall be as set forth in Exhibits A through F, attached hereto and made a part hereof. In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. By:~ Title Supervisor Fed. Tax ID # 11-6001939 Date: q°~.~ - ~.OC~ By: Name I JAI N ZWIRN Title DEPUTY,COUNTY EXECUTIVE Date: Approved as to Legality: Christine Malafi, County Attorney J[~s~n W. 81~ Assistant County Attorney Date: ~'"Jl-- P~ Approved: Department of Probation ~hieeS Gol b,~¢ f Planner Suffolk County Probation Department Date: 000219~¢ 1 of 25 pages Rev. 04/08/09; Law No. 09-DWI-011 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000003330 List of Exhibits Exhibit A General Terms and Conditions. 1. Contractor Responsibilities 2. Term and Termination 3. ndemnification 4. nsurance .5. ndependent Contractor 6. Severability 7. Merger; No Oral Changes 8. Set-Off Rights 9. Non-discrimination in Services 10. Governing Law 11. No Implied Waiver 12. Conflicts of Interest 13. Cooperation on Claims 14. Confidentiality 15. Assignment and Subcontracting 16. No Intended Third Party Beneficiaries 17. Certification as to Relationships 18. Publications and Publicity 19. Copyrights and Patents 20. Records Management 21. nformation Access 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 Description of Services Exhibit E Payment Terms 2 of 25 pages Rev. 04/08/09; Law No. 09-DWI-011 STOP-DWI Municipal Enforcement 2. 3. 4. 5. 6. General Payment Terms and Conditions Agreement Subject to Appropriation of Funds Accounting Procedures Audit Comptroller's Rules and Regulations Specific Payment Terms and Conditions Exhibit F Forms IFMS No. SC PRO 00000003330 3 of 25 pages Rev. 04/08/09; Law No. 09-DWI-01.1 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000003330 Exhibit A General Terms and Conditions Whereas, the County; provides funds to towns and villages within the County for such towns and villages to provide increased enforcement of New York State vehicle and traffic laws relating to drinking and driving Whereas, the Contractor has been designated by the County to receive said funds; and Now Therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree as follows: 1. Contractor Responsibilities The Contractor shall provide the Services, as more particularly described in Exhibit D, entitled ."Description of Services." b. Qualifications, Licenses, and Professional Standards The Contractor represents and warrants that it has, and shall continuously possess, during the Term, the required licensing, education, knowledge, experience, and character necessary to qualify it to render the Services. ii. The Contractor shall continuously have during the Term of the Agreement all required authorizations, certificates, certifications, registrations, licenses, permits, and other approvals required by Federal, State, County, or local authorities necessary to qualify it to render the Services. c. Notifications The Contractor shall immediately notify the County, in writing, of any disciplinary proceedings, commenced or pending, with any authority relating to a license held by any person necessary to qualify him or the Contractor to perform the Services. ii. In the event that a person is no longer licensed to perform the Services, the Contractor must immediately notify the Department, but in no event shall such notification be later than five (5) days after a license holder has lost the license required to qualify him or the Contractor to perform the Services. iii. In the event that the Contractor is not able to perform the Services due to a loss of license, the Contractor shall not be reimbursed for the Services rendered after the effective date of termination of such license. Without limiting the generality of the foregoing, if any part of the Contract remains to be performed, and the termination of the license does not affect the Contractor's ability to render the Services, every other term and provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law. d. Submission of Employee Listing The Contractor shall forward to the Department annually, on or before July 1 of each year during the term of this Agreement, a complete list of its employees, agents and subcontractors providing Services, including names and areas of certification. 4 of 25 pages Rev. 04/08/09; I~aw No. 09-DWI-011 IFMS No. SC PRO 00000003330 STOP-DWI Municipal Enforcement 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. Co do Termination for Cause i. 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 Dart in writing by the County provided that no such termination shall be effective unless Contractor is given five I5) 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 I5) 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 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. Termination for Emergencies An emergency or other conditior 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. 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"). in the event of such termination, the County shall pay the Contractor for the services rendered through the date of termination. 5 of 25 pages Rev. 04/08/09; Law No. 09-DWI-011 IFMS No. SC PRO 00000003330 STOP-DWI Municipal Enforcement e. Payments upon Termination Upon ~eceiving 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 bythe 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. Indemnification a. Gene~l The Contractor agrees that it shall protect, indemhify and hold harmless the County and its officers, officials, employees, contractors, agents and other persons from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, Costs, expenses, suits or actions and reasonable attorneys' fees, arising out of the acts or omissions or the negligence of the Contractor in connection with the services described or referred to in this Agreement. The Contractor shall defend the County and its officers, officials, employees, contractors, agents and other persons in any suit, including appeals; or at the County's option, pay reasonable attorney's fees for defense of any such suit arising out of the acts or omissions or negligence of the Contractor, its officers, officials, employees, subcontractors or agents, if any, in connection with the services described or referred to in this Agreement. 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 attorney's fees; arising out of the acts or omissions or the negligence of the (~ontractor 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 appeais, or, at the County s opt'on, 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. 6 of 25 pages Rev. 04/08/09; Law No. 09-DWI-011 IFMS No. SC PRO 00000003330 STOP-DWI Municipal Enforcement 4. Insurance ao 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 nsurance in amounts and types equal to that specified by the County for the Contractor. Unless otherwise specified by the County and agreed [o 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 Tw(~ Million Dollars I$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 Fiye Hundred Thousand Dollars ($500,000.00) per person, per accident, for bodily injury ane not less than One Hundred Thousand Dollars ($100.000.00) for property damage per occurrence. iii. Worker's Compensation and Employer's Liability insurance in compliance with all applicable New York State laws and regulations and Disability Benefits insurance, if required by law. Contractor shall furnish to the County, prior to its execution of this Agreement, the documentation required by the State of New York Workers' Compensation Board of coverage or exemption from coverage pursuant to §§57 an(~ 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 ~nsurance 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 matedal 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. 7 of 25 pages Rev. 04/08/09; Law No. 09-DWI-011 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000003330 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. 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. 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, sh~ll 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 dghts 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. Non.discrimination in Services During the performance of this Agreement: The Contractor shall not, on the grounds of race, creed, color, national origin, sex, age, disability, sexual orientation, military status or marital status: 8 of 25 pages Rev. 04108t09; Law No. 09-DWI-011 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000003330 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(si 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 v. treat an individual differently from others in determining whether or not the individual satisfies any eligibility or other req L~irements or condition which individuals must meet in order to receive any aid. care. service(s) or other benefits provided pursuant to this Agreement. 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 orig~n, 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: iii. the types of service(s) or other benefits to be provided, or the class of individuals to whom, or the situations in which such service(s) or other benefits will be provided: or the class of individuals to be afforded an opportunity to receive services. 10. 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 Distdct of New York. 11. No Implied Waiver No waiver shall be inferred from any failure or forbearance of the County to enforce any prowsion 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. 12. 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 Cohtractor 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 25 pages Rev. 04/08/09; Law No. 09-DWI-011 IFMS No. SC PRO 00000003330 STOP-DWI Municipal Enforcement 13. 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. 14. 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 regulations. 15. Assignment and Subcontracting The Contractor shall not assign, transfe?, 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 pdor 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 wdtten 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. 16. No Intended Third Party Ben, eficiaries 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 dght to make any claim or assert any right under this Agreement. 17. 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. 10 of 25 pages Rev. 04/08/09; Law No. 09-DWI-011 IFMS No. SC PRO 000000033;~0 STOP-DWI Municipal Enforcement 18. 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 [rom 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? Contractor shall not issue press releases or any other information provided to the media, in any form, concerning the Services provided pursuant to this Agreement without first obtaining written approval from the Department. 19. 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 copynght protection. However, the County reserves, and the Contractor hereby gives to the County, and to any other munmipality 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. 20. Records Management The Contractor shall keeD accurate manual and automated records under this Agreement, as required by the Department. 21. Information Access Subject to any applicable provisions of law or regulations, the Department shall not be denied access to any information, records or reports that are within purview of this Agreement. End of Text for Exhibit A 11 of 25 pages Rev. 04/08/09; Law No. 09-DWI-011 IFMS No. SC PRO 00000003330 STOP-DWI Municipal Enforcement 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 31 st 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. Requi~d Form: Suffolk County Form SCEX 22; entitled "Contractor's/Vendor'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 bas 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 Cedification/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. 12 of 25 pages Rev. 04/08/09; Law No. 09-DWI-011 IFMS No. SC PRO 00000003330 STOP-DWI Municipal Enforcement 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, 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 oerform 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. 13 of 25 pages Rev. 04~08~09; Law No. 09-DWI-011 IFMS No. SC PRO 00000003330 STOP-DWI Municipal Enforcement o 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. 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 road, 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~ Gratuities The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State or of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement, and that the signer of this Agreement has read and is familiar with the provisions of Local Law No. 32-1980 of Suffolk County (Chapter 386 of the Suffolk County Code). Prohibition Against Contracting with Corporations that Reincorporate Overseas The Contractor represents that it is in compliance with Suffolk County Administrative Code Article IV, §§A4-13 and A4-14, found in Suffolk County Local Law No. 20-2004, entitled '% Local Law To Amend Local Law No. 5-1 [~93, To Prohibit The County of Suffolk From Contracting With Corporations That Reincorporate Overseas." Such law provides that no contract for consulting services or goods and services shall be awarded by the County to a business previously incorporated within the U:S.A. that has reincorporated outside the U.S.A. Child Sexual Abuse Reporting Policy The Contractor agrees to comply with Chapter 577, Article IV, of the Suffolk County Code, entitled "Child Sexual Abuse Reporting Policy", as now in effect or amended hereafter or of any other Suffolk County Local Law that may become applicable during the term of this Agreement with regard to child sexual abuse reporting policy. Non Responsible Bidder The Contractor represents and warrants that it has read and is familiar with the provisions of Suffolk County Code Chapter 143, Article II, §§143-5 through 143-9. Upon signing this Agreement the Contractor certifies that he, she, it, or they have not been convicted of a criminal offense within the last ten (10) years. The term "conviction" shall mean a finding of guilty after a trial or a plea of guilty to an 14 of 25 pages Rev. 04/08/09; Law No. 09-DWI-011 IFMS No. SC PRO 00000003330 STOP-DWI Municipal Enforcement 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 Website Suffolk County Local Laws, Rules and Regulations can be found on the Suffolk County web site at http://www.co.suffolk.ny.us. End of Text for Exhibit B 15 of 25 pages Rev. 04/08/09; Law No. 09-DWl-011 IFMS No. SC PRO 00000003330 STOP-DWI Municipal Enforcement Exhibit C 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 Personal Delivery and First Class Mail; or First Class and Certified Mail, Return ReceiPt Requested o._[r by Nationally Recognized Courier Service o._[r by Fax transmittal o.~r by Email Suffolk' County STOP-DWI Maria Perez-Lent, Coordinator H. Lee Dennison Building, 11th Floor 100 Veterans Memorial Highway P.O. Box 6100 Hauppauge, New York 11788 Fax: (631) 853-6145 Email: maria.perez-lent(~)s uffolkcountyny.gov For the Contractor: By Personal Delivery and First Class Mail; or First Class and Certified Mail, Return Receipt Requested o..~r by Nationally Recognized Courier Service o_[r by Fax transmittal o.~r 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. Fax: (631) 734-2315 Email: chiefcoch ran@town.southold.ny.us 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 Personal Delivery and First Class Mail; or First Class and Certified Mail, Return Receipt Requested o..~r by Nationally Recognized Courier Service 16 of 25 pages Rev. 04/08/09; Law No. 08-DWI-011 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000003330 Suffolk County STOP-DWI Maria Perez-Lent, Coordinator H. Lee Dennison Building, 11th Floor 100 Veterans Memorial Highway P.O. Box 6100 Hauppauge, New York 11788 and Christine Malafi, County Attorney Suffolk County Department of Law H. Lee Dennison Building 100 Veterans Memodal Highway Hauppauge, New York 11768 For Contractor: By Personal Delivery and First Class Mail; or First Class and Certified Mail, Return Receipt Requested or by Nationally Recognized Courier Service 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 wdting. 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 17 of 25 pages Rev. 04~08~09; Law No. 09-DWI-011 IFMS No. SC PRO 00000003330 STOP-DWI Municipal Enforcement Exhibit D Description of Services 1. Reports/Progress Meetings 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 n~ture 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 inctuded in Exhibit F "Forms" to this Agre. ement. Services The monies provided under this Agreement must 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. End of Text for Exhibit D 18 of 25 pages Rev. 04/08/09; Law No. 09-DWI-011 IFMS No. SC PRO 00000003330 STOP-DWI Municipal Enforcement 1. General Payment Terms Exhibit E Payment Terms The Contractor shall prepare and present a claim form supplied by the County and approved for payment by the County ("Suffolk County Payment Voucher"). Payment by the County will be made within thirty (30) days after approval by the Comptroller of the County of Suffolk. The Contractor agrees that it shall be entitled to no more than the fees set forth in this Exhibit E for the completion of all work, labor and services contemplated in this Agreement. 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. The acceptance by the Contractor of full 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. 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. Accounting Procedures ao 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. The Contractor agrees to retain all accounts, records ano other documents relevant to this Agreement of 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. Audit All payments made under this Agreement are subject to audit by the Suffolk County Comptroller pursuant to Adicle 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 and 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 19 of 25 pages Rev. 04/08/09; Law No. 09-DWI-011 STOP-DWI Municipal Enforcement IFMS No. SC PRO 00000003330 overpayment by check to the order o~ 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 form any amounts due or becoming due to the Contractor from the County under this Agreement or otherwise. The provisions of this paragraph shall survive the expiration or termination of this Agreement. 5. Comptroller's Rules and Regulations for Consultant's Agreements The Contractor shall comply with the "Comptroller's Rules and Regulations for Consultant's Agreements" as promulgated by the Department of Audit and Control of Suffolk County and any amendments thereto during the term of this Agreement. The County shall provide the Contractor with a copy of any amendments to the "Comptroller's Rules and Regulations for Consultant's Agreements" during the term of this Agreement. 6. Specific Payment Terms and Conditions Budget: ITEMIZED EXPENDITURE CATEGORIES Personnel Services for Police Officer's at rates established by their personnel contracts - Salaries: Fringe Benefits: $].9,000.00 (Overtime) $0,000.00 Total of Personnel Services: $]9,000.00 Other Services $ 0.00 Total of All Services: $19~000.00 The total amount of this contract is to be expended on or prior to 12/31/09 in accordance to perform the Services set forth in Exhibit D of this Agreement or arny revisions/modifications to those Services and/or this Budget approved by the Department in writing. The Contractor will not be reimbursed for all other costs related to administration, staff support and related operational equipment. 20 of 25 pages Rev. 04~08~09; Law No. 0~-DWI-011 IFMS No. SC PRO 00000003330 STOP-DWI Municipal Enforcement Exhibit F Forms 21 of 25 pages Rev. 04/08~09; Law No. 09-DWI-011 IFMS No. SC PRO 00000003330 STOP-DWI Municipal Enforcement Suffolk County STOP-DWI Claim Payroll Register Personal Services - Page 1 Month of ,2009 Voucher #: Claiming Agency: Instructions: Use this form to detail all Salary/VVage Expenses for your project, for the period claimed. Submit this form together with a Standard Suffolk County Voucher to insure proml~t processing. Check Date Number Payee Job Title Service Period Amount CERTIFICATION: I certif~ that the above information is just. [rue and correct: that no Dart 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 Dost-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 contrac[ budget. 22 of 25 pages Rev. 04/08/09; Law No. 09-DWI-011 IFMS No. SC PRO 00000003330 STOP-DWI Municipal Enforcement Suffolk County STOP*DWI Claim Record of Fringe benefits Personal Services - Page 2 Month of ,2009 Voucher #: Claiming Agency: 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 promot processing. Fringe Benefit Expenses must be pt rt of your original contract to be considered valid ex ~enses. Check ................... ~' ....... Date Number Payee Job Title Service Period Amount CERTIFICATION: I certify that the above information ~s 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 fife as well. Use Page 1 of this form to record Salary/Wage costs for this project. 23 of 25 pages Rev. 04/08109; Law No. 09-DWI-011 STOP-DWI Municipal EnforCement Program Title: IFMS No. SC PRO 00000003330 Quarterly Expenditure Report To: Suffoll~ County STOP-DWI Program From: Contract Period: From: To: Project Budget Category PERSONAL SERVICES WAGES/SALARIES FRINGE BE NEFIT8 SUBTOTAL OTHER THAN PERSONAL SERVICES SUPPLIES/MATERIALS TRAVEL EQUIPMENT PURCHASE ALL OTHER COSTS SUB TOTAL TOTAL PROJECT COSTS I Budgeted I Expended this I Total Expended toI Balance J Amount Month Date Remaining $ $ $ $ $ $ -$ '$ $ $ $ $ $- $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ CERTIFICATION: ~ certify that the above information is a cor~ plete, 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 Date: 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 pedod submitted. 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. 24 of 25 pages Rev. 04/08/09; Law No. 09-DWI-011 STOP-DWI Municipal Enforcement REPORTING AGENCY IFMS No. SC PRO 00000003330 STOP-DWI MONTHLY ARREST REPORT SUFFOLK COUNTY REPORTING PERIOD Total number of persons arrested and charged with a violation of 1192. 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. Sunday b. Monday c. Tuesday d. Wednesday e. Thumday f. Friday g. Saturday 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 Total number of persons arrested for Section 1192 violations by age: a. under18 b. 18 19 d. 20 e. 21-24 f. 25-29 g. 30-34 h. 35-39 i. 40-44 j. 45-49 k. 50-54 I. 55-59 m. 60-64 n. 65-69 o. 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 .16 .02 .17 .03 .18 .04 .19 .05 .20 .06 .21 .07 .22 .06 .23 .09 .24 .10 .25 .11 .26 .12 .27 13 .28 14 .29 15 30 25 of 25 pages Suffolk CounW 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 notau, public. 5.b Contractor'sgZendor's Name Town of Southold Address 53095 Route 25 - POB 1179 CiD' and State Southold~ ~f Zip Code 11971 Contracting Deparnnent'sName Southold Town Police Department Address 41405 Route 25 - POB 911 - Peconic, NY 11958 Payee Identification or Social Security No. Type of Business__Corporation__Partnership__Sole Propnetorship__XOther Is contractor/vendor 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 nov,' completing this form, with Suffolk Count>.', 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 ali parmers, and names and addresses of all corporate officers. Conspicuously identifw.' 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). 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 th, is disclosure statement, a complete financial statement listing all assets and liabilities as well as a profit and loss statement. These statements must be y a Certified Public Accountant. (Strike this out if not applicable.) The undersigned shall include this Contractor's/vendor's Public Discloaure 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 ail 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 1 through 11 herein: __ a) Hospital xx b) Educational or governmental entities c) Not-for-profit corporations __ d) Contracts providing for foster care, family day-care providers or child protective services Please check to the left side of the appropriate exemption. 13. Dated: Printed Name of Signer: Title of Signer: Name of Contractor/Vendor: Verification. This section must be signed by an officer or principal of the contractor/~/endor authorized to sign for the company for the purpose of executing contracts. The undersigned being sworn, affirms under the penalties of perjury,J>- ~that he/she has read and understood the foregoing statements and that the3' are, to his/her ow~ 4/16/09 Signed: Carlisle E. Coohran, Jr. Chief of Police Southold Town Police Department UNIFORM CERTIFICATE OF ACKNOWLEDGMENT OVithin New York State) STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: 9 On the /~day of April in the year 200/g/before me, the undersigned, personally appeared Carlisle E. Cochran, Jr., personally known to me or proved to me on the basis of satisfactor)' evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and ach~owledged 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. (signature and office of individual taking acknowledgement) PATRIGIA D. GARSIK Nota~ Public, State of Ne~ York No. 01 GA4522513 Qualified in Suffolk C~u~ ~'2 Oommla~lon Expires August 31. ~c~_/o Page 2 of 3 Public Disclosure Form SLrFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT LIVING WAGE CERTIFICATION/DECLARATION - SUBJECT TO AUDIT If either of the following definitions of 'assistance' (Living Wage Law Chapter 347 - 2) applies to the contractor~s/benefieiary's business or transaction with Suffolk Count3, the contractor/beneficiary must complete Sections 1, 3, 4 below; and Form LV~M (Notice of Application for Count' Assistance). If the following definitions do not apply, the contractor/beneficiary must complete Sections 2, 3 and 4 below. Completed lorms must be submitted to the awarding agency. "Any grant loan, tax incentive ur abatement, bond financing subsidy or other form of assistance of more that $50.000 which is realized by o'- 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 fur the furnishing of services to or for the County o£ Suffolk (except contracts where services are incidental to the delivery o£produets, equipmem or commodities) which mvoive an expenditure equal to or ~eater 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 an 'assistance' for the purposes of this definition." Section I Check if applicabie The Living Vebge Law applies to this contract I/we hereb3 agree to comply with all the provisions of Suffolk County Local Eau, Ne. 12-2001, the Suffolk Count>, Living ~Plge Law (the Law) and, as such. will provide to ali full. pan-rime or temporary employed persons who perform work or render services on or for a project, manet, contract or subcontract where this company has received Assis[mlce. from the County of Suffolk as defined in the La,~, (Assistance) a wage rate of no less than $9.29 ($7,75 for chile care prowders) per hour worked with health benefits, as described in the Law or otherwise $10.58 ($9.00 for child care providers/ per hour or the rates as may be atllusted annually in accordance with the Law. (Chapter 347-3 B) I/we further a~ee that any tenant o~ ieaseholder of this company that employs at least ten (10) persons and ozcumes property or uses equipment or property tha: is improved or developed as a result of Assistance or any contractor or subcontractor of this company tact emnloys m leas~ ten (10) persons in producing or providing goods or services to ti-ds company that are used in the prqlect or manet ibr which this compan3 has receivec Assistance shall compi3 w~rr. ail the provisions of the La~. incindthg those specified ~oove. (Chapter 347-2) I/we further a_m'ee tc peri, it access to work sites and relevan? payroll records by authorized Coumy representatives for the purpose of monitonng compiiance with reguiaUons under this Chapter of the Suffolk Count3, Code. investigating employee complaints of noncompliance and evaluarthg me operatian and effects o5 this Chapter. ineiudthg the proaucnon zor inspection & cop.rang eT payroll records fo:' an3 o~ all employees for the term, of the contract or for five (5) years, whichever perioa of compliance is ionger Ail payroli and benefit records required b> the Count' will be mmntained for inspection for a simile~ period of time (Chapter 347-7 D) The Count3 Deparxmen: of Labor shall revieu the records o~ any Covered Employer at ieast once eveD three years tc verify compliance with the provisions o~the Lmx (Chapter 347-4 C) Seotion II The Living V~ge Law does not app}y to this contract for the following reasont si: Check if apolicabie Section III Contractor Name: Con.actor Address: Conwactor Phone #: Description of prq~ezz or service: Town of Southold 53095 Route 25 - POB 1i79 Southoid, Igf 11971 (631) 765-2600 STOP DWi Federal Employer tD~': Amount of Assistance: Vendor #: 1i600!939 $19,000.00 Section IV i declare under penalts, of Derlun, unxle.~im.Laws of the State of Non, York that the undersigned is authorized tv oromde this cerfificanon. and mm the ao~ 4/16/2009 Authorized~Jignature Date Carlisle E. Cochran, Jr., Chief of Police Print Name and Title of Authorized l~epresentatJve LW 38 (Replaces forths LW2. LWS. and LW331 SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING PI(4 GE UNIT NOTICE OF APPLICATION FOR COUNTY ASSISTANCE(Contract) I) NAME: 2) ~rENDOR #: 4) CONTACT: 6) ~d)DRESS: Living Wage Law, Suffolk Counu; Code, Chapter 347 (200i) To Be Completed By Applicant/Employer/Contractor Southold Town Po!ice DeDartmenr 11-6001939 (If known) Carl±sl~ E. Cochran, Jr. Ckiei ol Police 41405 Route 25 - POB 91i 3) CONTRACT 1]) #: (If knowni 5) TELEPHONE #: (631) 765-2600 Peconic, NY 11958 7) 8) 9) AJVlOUNT: si9,00o.0o 10) AWA~d)ING AGENCY: 11) TERM OF CONTIL4CT (DATES):. 1/1/09 uo 12/31/09 PROJECT N?dVlE: ( IF DIFFERENT FROM #1) ST0? DWi Suffolk County ETOP-DYI BRIEF DESCRIPTION OF PROJECT OR SERlqCE: STOP DWi Enforcement 12) PROJECTED ElM[PLO5 _WIENT 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 X~AGE LEXqELS: (attach a statement listing pro)coted wage levels, compensated days off and medical benefits for total workforce dedicated to fulfilling the terms of this contract, broken down annual}y for each year of the term of the contract). L~- 1 (revised 4/04) CARLISLE E. COCHRAJN, JK Ch~f'e£ ~Mics Teieohone Emergency Dial Suffolk Comny Department of Law Addendum to LW-1 Re: Items !1 and 12 The Southotd Town Police Department will participate in the Suffolk County STOP-DWI program in the following mann~: Officers will be assigned on a voluntary overtime basis to work tours of du~~ exclusively assigned to violations of section I 192 of the V&TL. Officers assigned will only be full rime officers covered by the current corm'aa The lowest hourly rate for an offi:er is $!9.38 with a minimum of 34 compensated days of[ participating officers receTve a full medical benefit package, All wage/benefit information is on file and available for inspe~-'tion at your request. 41405 Route25 · ]?.O.]Box 911 · Peconic, N.Y. 11958 Administrativ~ (63]) 765 2600/2601 · Fax (631) 765-27!5 SUFFOLK COUNTY DEPARTMENT OF LABOR NOTICE OF APPLICATIOB' TO CERTIFY COMPLIANCE WITH FEDERAL L_ag: (8 E.S.C. SECTIOlX' 1324A) WITB RESPECT TO LAWFLrL ][HJ~NG OF EMPLOYEES Suffolk Coun~ Code, Chamer 234 (2006) To Be Completed By Applicant/Covered Empioyer//Owner EMPLOIZER/C ORP./BUSINE S S/C OMPA_Nq7 NAME: Southoid Town Police Department I) ADDRESS: 41405 Route 25 - P0B 91i Peconic, RI' 11958 2) NOT-FOR-PROFIT: YES NO X (SUBMIT CERTIFICATE OF INCORPORATION) 3) VENDOR#: 11-6001939 (If known) s) 7) 4) CONTRACT ID: (If known) CONTACT: Carlisle E. Cochran, Jz6) TELEPHONE #: (631) 765-2600 Chief of Police TERM OF CONTRACT OR EXTENSION (PRO%qDE DATES):. 1/i/09 tc 12/31/09 BRIEF DESCRIPTION OF COMPENSATION, PROJEC?f OR SERVICE STOP D~,ri Enforcement SIrBCONTRACTOR: I) Al)DRESS: 2) VENDOR#: 3~ TELEPHONE #: 4) CONTACT: 5) DESCRIPTION OF COMPENSATION. PROJECT OR SERVICE F~q[DENCE O![ COMPLIA~NCE: COPIES OF TIlE FOLLOXVING MUST BE MAINTAINED BY COtqERED EMPLOi~ERS OR THE OY~TNERS THEREOF FOR EACIrI EMPLOYEE FOR THE TIME PERIODS SET FORTtt IN SUFFOLK COUNTY CODE SECTION ( 5: A. United States passport; or B. resident ahen card or alien registration card; or C. birth certificate indicating that person was born in the United States: or D. (1) a driver's license, if it contains a photograph of the indivi~uat: 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 It-lB visa~ Il-2B visa. and L-I visa, or other work vis~ as ma3' be authorized by the United States Government at the time the County contract is awarded for alt covered employees. LI-IE-/ (01/07) AFFIDASrII) OF COMPLIANCE ~rITH THE 1LEQUIILEMENTS OF 8 U.S.C. SECTION 1324a WITH RESPECT TO LA~TFUL I-liltING Otv EMPLOYEES State of New York Count>_, of Suffolk Carlisle E. Cochran, Jr., (Print Name of Deponenti , Oe~ng du}y sworn, deposed and says: 1 I am m~ag~"authonzed representative of Southo!d Town Police Deoartment CName of Corp, Business, Company) I ceftin, that i have complied: in good faith, with the reqmrements of Title g of the Umred Stares Code (U.S.C.) secnon i324a (Ahens and Nauonalib~) with respect to the hLring of covered employees and w~ respect to the alien and nationaliD~ stares of the owners thereoi as set forth in Suffolk Counq' Code Chapter 234 (2006). Sworn to before me this /~¢~ da5' of April ,20 09 (Notary 'Public) No. 01Pah452.~l~' Li'-~ -2 (01/07) Suffolk County, Ne'~ York Department of' Labor SUFFOLK COUNTY DEPARTMENT OF LABOR - LABOR MEDIATION UNIT UNION ORG3~NIZING CERTIFICATION/DECL3d~-ATION - SUBJECT TO AUDIT If the following definition of "CounB Contractor" (Union Organizing Law Chapter 466-2) applies to the contractor's/beneficiao"s business or transaction with Suffolk County', the contractor/beneficiary must complete Secfions L 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 tn the awarding agency. County Contractor: "Any employer that receives more than $50,000 m 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 Count}, reimbursement for services provided in any calendar year; or pursuant to a subcontract with any of the above." Section I Check if Applicable 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 (Chapter 466-3 A), nor seek reimbursement fi-om the County for costs incurred to assist, promote, or deter union organizing. (Chapter 466-3 B) I/we further agree to take all action necessa~ to ensure that County funds are not used to assist, promote, or deter union organizing. (Chapter 466-3 H) I/we further agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are made, I/we shall maintain records sufficient to show that no County funds were used for those expenditures and, as applicable, that no reimbursement from Count}, 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: I/we will not express to employees any false or misleading information that is intended te 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: I/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 d~sputes through the adoption of nonconfrontational procedures for the resolution of prerecognition labor disputes with employees engaged m ti~e production oi goods o~ 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. 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, 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 ever>, County contract for the provision of human s~rvices, when such services are not to be performed on County property, shall include a requirement that I/we adopt, at the least, a neutrality agreement. I/we understand that the efficient, timely, and nondisruptive provision of goods and services is a paramount financial interest of the County of Suffolk and as such, the County expects the potential County contractor te protect the County's financial interest by adopting nonconfrontational procedures for the orderly resolution of labor disputes, including, but not limited to. neutrality agreements, majority authorization card agreements, binding arbitration agreements, fair communication agreements, nonintimidation agreements, and reasonable access agreements DOL-LO1 (6/05) Suffolk Count5', New York Department of Labor Section Il The Union Organizing Law does not apply to this contract for the following reason(s): Check if Applicable Section III Contractor Name: Contractor Address: Town of Southold 53095 Route 25 - POB 1179 Contractor Phone #: Description of project or service: Southold., NY 11971 (631) 765-2600 STOP DWI Federal Employer ID#: Amount of Assistance: Vendor #: 116001939 $19,000.00 Section IV I declare under penalty of perjury under the~tate of New York thal the undersigned is authorized to provide this certification, an~~~~ - 4 / 16 / 09 Authorized Sig~nature f ~ Date Carlisle E. Cochran, Jr., Chief of Police Print Name and Title of Authorized Representative DOL-LOI (6/05) Certification Regarding Lobbying for Contract, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: No State or Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence legislation or appropriation actions pending before local, State and Federal executive and/or legislative bodies in connection with the awarding of any contract, the making of any grant, the making of any loan the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any contract, grant, loan, or cooperative agreement. If any funds other than State or Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence legislation or appropriation actions pending before local State and Federal executive and/or legislative bodies in connection with this contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Failure to file the required certification shall be subject to civil penalty by the Federal government of not less than $10,000 and not more than $100,000 for each such failure. Provider: County of Suffolk Agreement Number: SC PRO 0000000~ Sign: Name: Carlisle E. Cochra~, Jr. Title: Chief of Police 4/16/2009 Date: Page 1 of 1 COUNTY OF SUFFOLK OFFICE OF BUDGETAND MANAGEMENT CONTRACT BUDGET MODIFICATION REQUEST The progmro budget contained in the Agreement of COUNTY OF SUFFOLK and Program Naroe is hereby amended as follows: [ term o1' Agreement) Page 1 of 1 between the Contract No. 'LINE NUMBER $ CHANGE + (HEADING) DESCRIPTION $ BEFORE $ AFTER OR - .... NET CHANGE $ Except as set forth above, this budget modifmation shall not be deemed to change any condition or provision in the said Agmeroent. By: By: Name: Name: Title: Title: Date: Dept: Agency: Date: FORTHE COUNTY OF SUFFOLK APPROVED BY: BUDGET DIRECT. OR DATE: N. 0TE: This form is not to be used to affect any net increase in the budget. i USE REVERSE FOR SUPPORTING STATEMENTS Ex~l~. Form 23 (t0/72) SUFFOLK COUNTY DEPARTMENT OF LABOR NOTICE OF APPLICATION TO CERTIFY COMI~LIANCE WITH FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH RESPECT 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 Local Law Compliance Unit DATE: May IT 2009 TO: Douglas Death~ Stop DWI FROM: ~q~renda Rosenber~, Director TELEPHONE #: 631 853-3808 EMPLOYER: Southold Town Police Dept. VENDOR #: 11-6001939 REF#: STOP-DWI You are hereby notified that the submission from Southold Town Police Dept. has been received by the Lawful Hiring of Employees Unit of the Suffolk County Department of Labor. We find 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) SUFFOLK COUNTY DEPARTMENT OF LABOR- LIVING WAGE UNIT NOTICE OF APPLICABILITY OF LIVING WAGE LAW Living Wage Law, Suffolk County Code, Chapter 347 (2001) To Be Completed By The Living Wage Unit DATE: May 1,2009 TO: Doug Death, Stop DWI Program FROM://~/~gnda.R°senberg'/Director of Living Wage Compliance Unit TELEPHONE #. 853-2063 VENDOR #: 11-6001939 REFERENCE: STOP-DWI You are hereby notified that the response from Southold Town Police Dept. has been evaluated by the Living Wage Unit of the Suffolk County Department of Labor. We find: X The documents submitted with this contract / proposal are complete and conform to the requirements of the Living Wage Law (Local Law #12-2001). The Awarding Agency may proceed with the normal and customary procedure for administering contracts. The documents submitted with this contract / proposal are not complete, or do not conform to the requirements of the Living Wage Law (Local Law #12-2001). Employers who fail to submit documents or information required to demonstrate compliance with the Law shall be deemed non-responsive and subject to disqualification. If the employer is presently under contract, the contractor shall be deemed non-compliant and the appeals process shall be made available to said employer (Chapter 347-5 A & B). LW-13 Vendor Code (lO-l) SUFFOLK COUNTY PAYMENT VOUCHER I Contact: Payment Voucher if Responsible Agcy Modiht 1259440 ' Accounting INMod (mm/yy) Budget ~ (yy) Documenl Total (Include Cents) Address Ln Reference Document Cd t2) Number (l I) Ln (2) Rev (4) BS Acct (4) Descaplion (17) Invoice Number (12) Ln (3) Capital Project # Amoum (Include Cents) P/F 0,l I r Additional Comments DEPAR'I~4ENT CI'~RTIFICATION: I hereby certify that thc malerials above specified have been received by me in good condition without substitution. 'Ibc service properly performed and that the quantities thereof have been verified with the exceptions of discrepancies noted and payment is approved. SIGNED DATE TITLE Form PV Original: Audit & Control PAYEE CERTIFICATION: 1 certify that thc above bill is just, ~ae and con-eCl; that no part thereof has been paid except as stated; that thc balance is actually due and owing; that taxes from which the County is exempt are excluded and that I have read andam famthar with the provisions of Local Law 32-1980 as detailed in the payee instruction section of this voucher. PAYEE'S SIGNATURE TITLE NAME OF COMPANY Yellow Copy: Department Accounting SUFFOLK COUNTY PAYMENT VOUCHER Dept. Address Vendor Code (10-1) Si~l~ Clmeir Indicator (Y//q) ~ FY (1~) Document Total (Include Cents) Address off-~t Lia~inty a, xamt (4) (02) Rev (4) 01 03 04 BS Acct (4) Descnplion (17~ I 05 Capital Project # (8) Amo~snt (Include Cents) P/F Additional Comments )EPARTMENT CERTIFICATION: I hereby certify that the materials above ~ecified have been received by me in good condition without substitution. The service properly performed and that the quantities thereof have been verified with the e×ceptions of discrepancies noted and payment is approved. PAYEE CFJITIFICATION: 1 ce~ify that the above hill is just, true and correct; that no part thereof has been paid except as stated; that thc balance is actually duc and owing; that taxes from which the County is exempt ~re excluded and that 1 have read and am famihax with the provisions of Local Law 32-1980 as debaJled in the payee instruction section of this voucher. SIGNED DATE TITLE PAYEE'S SIGNATURE TITLE NAME OF COMPANY Form PV Original: Audit & Conlrol Yellow Copy: Department Accounting ss~ms SUFFOLK COUNTY PAYMENT VOUCHER Dept.: Dept. Address Vendor Code (10-1) (02) Cd (2) Number (11) Ln (2) Payment Voucher # 1259442 Address Rev (4) BS Acc! (41 Description (17) 01 o21 o41 Number Amount (Include Cents) Responsible Agcy Modify :# Document Total (Include Cents) Capital Project # (8) Additional Comments DEPARTMENT CERTIFICATION: 1 hereby certify that the materials above specified have been received by me in good condition without substitution. Thc service properly performed and that the quantities thereof have been verified with the exceptions of discrepancies noted and payment is approved. SIGNED DATE TITLE Form PV Odginak Audit & Control PAYEE CFJ~T1FICATION: 1 certify that the above bill is just, txue and correct; that no part thereof has been paid except as stated; that the balance is actually due and owing; that taxes from which the County is exempt are excluded and that 1 have read and am lhmihar with the provisions of Local Law 32 1980 as detailed in the payee instraction section of this voucher. PAYEE'S SIGNATURE TITLE NAME OF COMPANY Yellow Copy: Depadment Accounting s*o~osaar~ Dept.: Dept. Address Vendor Code (10-l) Name SUFFOLK COUNTY PAYMENT VOUCHER Budget FY (.Vy) Document Total (Include Cents) Address LB Rev (4) I~'t~, Date (mm/dd/yy) ........ .R...e.f,e....~..n..~. ~...m~...e..n..t. ......... Corn Invoice Fnd Agy Org BS Acct (4} Descril~ion ( 17} Amounl (Include Cents) offsst Li~mty Account (4) (2) 2) 4 I/D Capital Project # (8) 02 03 04 05 Additional Comments DEPARTMENT CERT1YICATION: I hereby certfy that the materials above specified have been received by me in good condition without substitution. The service properly performed and that the quantities thereof have been verified with the e×ce~ions of discrepancies no{ed and payment is approved. SIGNED DATE TITLE Form PV Original: Audit & Control IPAYEE CERTIFICATION: I certify that thc above hill is just. tmc and correct; that no paxt thereof has been paid except, as stated; that the balance is actually due and owing; that laxcs from which the County is exempt are excluded and that 1 have read and am I~mihar with the provisions of Local Law 32 1980 as detailed in the payee instraction section of this voucher. PAYEE'S SIGNATURE TITLE NAME OF COMPANY Yellow Copy: Department Accounting s~-o~0s~,~ SUFFOLK COUNTY PAYMENT VOUCHER Dept. Address Vendor Code (10-1) Baa~ FY (.vy) Address Responsible Agcy yoai~] Document Total (Include Cents) Off~t Liability Account (4) Lu Reference Document Invoice (02) Cd (2) Number (11 ]Ln (2] Number (I 2] Ln (3) Rev (4) [BS Acct (4) Descnplion (17) Capital Project # (8) P/F 02 ] { O3 04 05 Additional Comments DEPAR'I2VIEBrI' CER2IFICAiF1ON: 1 bercby certify that thc materials above specified have been received by me in good condition without substitution. The service properly performed and that the quantities thereol have been verified with thc exceptions of discrepancies noled and payment is approved. PAYEE CERTIFICATION: I certify that the above bill is just, true and correct; that no part thereof has bccn paid except as stated; that the balance is actually duc and owing; that taxes from which the County is exempt axe excluded and that I have read and am farnihat with the provisions of Local Law 32 1980 as detailed in the payee instruction secxion of this voucher. SIGNED DATE TITLE PAYEE'S SIGNATURE TITLE NAME OF COMPANY Form PV Odginat: Audit & Control Yellow Copy: Department Accounting 5s~os3~o2