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HomeMy WebLinkAboutOperation ShieldSouthold Toxvn Board - Letter Board Meeting of June 2, 2009 RESOLUTION 2009-497 ADOPTED Item # 5.16 DOC ID: 5046 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-497 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 2, 2009: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A.'Russell to execute the Agreement between the Town of Southold and the County of ~uffollh acting through its duly constituted Sheriff's. Office, in connection with the NYS Office of Homeland Security Grant Program regarding grant funds in the sum of $45,D00 for Operation Shield administered by the Suffolk County Sheriff's Office in partnership with the East. End Marine Task Force, subject to the approval o.f the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, P, ussell Generated June 8, 2009 Page 23 Law No. 09-SH- 0 Operation SHIELD Town of Southoid Agreement This Agreement ("Agreement") is between the County of Suffolk ("County"), e municipal corporation of the State of New York, acting through ts du]y constituted Sheriff's Office ("Department"), located at 100 Center Drive Riverhead, New York 11901; and Town of Southold, a municipal corporation, having its principal place of business at 53095 Main Road, Southold, New York 11971. The parties hereto desire to provide pemonnel to the County to assist the County in "Operation SHIELD" exercises conducted under a New York State grant ("Services"). Sufficient funding exists pursuant to Suffolk County Resolution number 358-2009 Term of Agreement: May 1, 2009 through December 31, 2009. Total Cost of Agreement: Shall not exceed $5,400.00, as set forth in Exhibit G, attached. Terms and Conditions: Shall be as set forth in Exhibits A through G; attached hereto and made a part hereof. In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. Town of So~ By:~/~. Title:Cemt;~er-- ...~uc~o...~-.~ c..~se-~t' Fed. Tax ID ~11~00-1939 Date: ~ ~ ( - ~ ~ 1 ~ve ~d ~d I ~ fa~li~ wi~ ~A5-7 of ~cle V of ~e S~oE C°u n~'~?.,~. .~,,~.~ Deputy Cour/~/Eyecutive Date: Appro~ved: Office of the Sheriff By: ¥ Name Vincent F. DeMarco Title Sheriff Date: 0 ~ /~ ~ ] o ~ Approved as to Legality: Christine Malefi, County Attorney BY: Jacqueli~e C~i~ Assistant County Attorney Date: ~, / 2~>D /~) ¢7 IIIIIIIIIIIIIlllllllllllll 0003964 Page 1 of 20 Pages Law No. 09-SH- Operation SHIELD Name of Contractor List of Exhibits Exhibit A General Terms and Conditions 1. Contractor Responsibilities 2. Term and Terminat!on 3. Indemnification 4. Insurance 5. Independent Contractor 6. Severability 7. Merger; No Oral Changes 8. Set-Off Rights 9. Non-discrimination in Services 10. Goveming 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 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 Presecufion of Civil Actions Prohibited Suffolk County Local Laws Website Address Exhibit C Notices and Contact Persons Exhibit D Description of Services page2 of 20 Pages Law No. 09-SH- Operation SHIELD Name of Contractor Exhibit E Payment Terms General Payment Terms and Conditions Agreement Subject to Appropriation of Funds Specific Payment Terms and Conditions Exhibit F Legislative Resolution No. Exhibit G Budget Page 3 of 20 Pages Law No. 09-SH- Operation SHIELD Name of Contractor Exhibit A General Terms and Conditions Contractor Responsibilities The Contractor shall provide the Services, as more particularly described in Exhibit D, entitled "Description of Services." b. Qualifications The Contractor specifically represents and warrants that it has and shall continuously possess, and that, its employees, agents, and subcontractors have and shall continuously possess, the required education, knowledge, experience, and character necessary to qualify them individually for the particular duties they perform. Additionally, the Contractor has and shall continuously have, and its employees, agents, and subcontractors have and shall continuously have, all required authorization(s), certificates(s), certifications(s), registration(s), license(s), permit(s), and other approval(s) required by the Federal, State, County, or local authorities for the services provided in accordance with this Agreement. 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, 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. Page 4 of 20 Pages Law No. 09-SH- Operation SHIELD Name of Contractor d. Termination for Convenience ii. 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. iii. In such event of termination', the County shall pay the Contractor for the services rendered through the date of termination. 3. Indemnification a. General The Contractor agrees that it shall protect, indemnify and hold harmless the County and its officers, officials, employees, contractors, agents and other persons from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and reasonable attorneys' fees, arising out of the acts or omissions or the negligence of the Contractor in connection with the services described or referred to in this Agreement. The Contractor shall defend the County and its officers, officials, employees, 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 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, 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, Page 5 of 20 Pages Law No. 09.SH- Operation SHIELD Name of Contractor 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. 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 previsions of the Workers' Compensation Law. AIl 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. 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. Page 6 of 20 Pages Law No. 09-SH. Operation SHIELD Name of 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. Severab[lity It is expressly agreed that if any term or prowsion 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 prevision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. 7. Merger; No Oral Changes It is expressly agreed that this Agreement represents the entire agreement of the parties, that all previous understandings are merged in this Agreement. No modification of this Agreement shall be valid unless written in the form of an Amendment and executed by both parties. 8. Set. Off Rights The County shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the County's option to withhold, for the purposes of set-off, any moneys due to the Contractor under this contract up to any amounts due and owing to the County with regard to this contract and/or any other contract with any County department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the County for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The County shall exercise its set-off dghts in accordance with normal County practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the County agency, its representatives, or the County Comptroller. and only after legal consultation with the County Attorney. 9. Non-discrimination in services During the performance of this Agreement: a, The Contractor shall not, on the grounds of race, creed, color, national odgin, sex, age, disability, sexual orientation, military status or marital status: I. deny any individual any services or other benefits provided pursuant to this Agreement; or ii. provide any services or other benefits to an individual that are different, or ara 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(g) 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 Page 7 of 20 Pages Law No. 09-SH. Operation SHIELD Name of Contractor v. treat an individual differently from others in determining whether or not the individual satisfies any eligibility or other requirements or condition which individuals must meet in order to receive any aid. care, service(s) or other benefits provided pursuant to this Agreement. The Contractor shall not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, creed, color, national origin, sex, age, disability, sexual orientation, military status or marital status, or have the effect of defeating or substantially impainng accomplishment of the objectives of this Agreement in respect to individuals of a particular race, creed, color, national origin, sex, age, disability, sexual orientation, military status or marital status, in determining: i. the types of service(s) or other benefits to be provided, or ii. the class of individuals to whom, or the situations in which, such service(s) or other benefits will be provided; or iii. the class of individuals to be afforded an opportunity to receive services. 10. 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. 11. No Implied Waiver No waiver shall be inferred from any failure or forbearance of the County to enforce any provision of this Agreement in any particular instance or instances, but the same shall otherwise remain in full force and effect notwithstanding any such failura 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 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. 13. 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. 14. Confidentiality Any records, reports or other documents of the County or any of its agencies used by Contractor Page 8 of 20 Pages Law No. 09-SH- Operation SHIELD Name of 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, transfer, COnvey, sublet,, or otherwise disppse of this Agreement, or any of its dght, 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 wdtten 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 Beneficiaries This Agreement is entered into solely for the benefit of County and Contractor. No third party shall be deemed a beneficiary of this Agreement, and no third party shall have the right to make any claim or assert any right under this Agreement. 17. Certification as to Relationships The parties to this Agreement hereby certify that, other than the funds provided !n 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. Page 9 of 20 Pages Law No. 09-SH- Operation SHIELD Name of Contractor 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 from the County, Any such pdnted 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 0r other materials for which a copyright may be granted, the Contractor may secure copyright protection. However, the County reserves, and the Contractor hereby gives to the County, and to any other municipality or government agency or body designated by the County, a royalty-free, nonexclusive license to produce, reproduce, publish, translate or otherwise use any such materials. b. Patents If the Contractor under this Agreement makes any discove~ or invention in the course of or as a result of work performed under this Agreement, the Contractor may apply for and secure for itself patent protection. However, the County reserves, and the Contractor hereby gives to the County, and to any other municipality or government agency or body designated by the County, a royalty-free, nonexclusive license to produce or otherwise use any item so discovered or patented. End of Text for Exhibit A Page 10 of 20 Pages Law No. 09-SH- Operation SHIELD Name of Contractor 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 vedfied 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 matedal breach of this Agreement, for which the County shall be entitled, upon a determination that such breach has occurred, to damages, in addition to all other legal remedies, of fifteen percent (15%) of the amount of the Agreement. Required Form: Suffolk County Form SCEX 22; entitled "Contractor'sNendor's Public Disclosure Statement" 2. Living Wage Law This Agreement is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific exemptions apply all employers (as defined) under service contracts and recipients of County financial assistance, (as defined) shall provide payment of a minimum wage to employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law of the County of Suffolk. Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for violations of this Law. The Contractor represents and warrants that it has read and shall comply with the requirements of Suffolk County Code Chapter 347, Suffolk County Local Law No. 12-2001, the Living Wage Law. Required Forms: Suffolk County Living Wage Form LW-1; entitled "Suffolk County Department of Labor - Living Wage Unit Notice of Application for County Compensation (Contract)" Suffolk County Living Wage Form LW-38; entitled "Suffolk County Department of Labor - Living Wage Unit Living Wage Certification/Declaration - Subject To ' Audit" Use of County Resources to Inter[era with Collective Bargaining Activities Local Law No. 26-2003 The Contractor represents and warrants that it has read and is familiar with the requirements of Chapter 466, Article 1 of the Suffolk County Local Laws, "Use of County Resources to Interfere with Collective Bargaining Activities". County Contractors (as defined) shall comply with all requirements of Local Law No. 26-2003 including the following prohibitions: a. The Contractor shall not use County funds to assist, promote, or deter union organizing. 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 tlof20 Pages Law No. 09-SH- * Operation SHIELD Name of Contractor d. No employer shall use County property to hold a meeting with employees or supervisors if the purpose of such meeting is to assist, promote, or deter union organizing. If Contractor services are performed on County property the Contractor must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, nonintimidation agreement and a majodty 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" Lawful Hiring of Employees Law This Agreement is subject to the Lawful Hiring of Employees Law of the County of Suffolk (Local Law 52-2006). It provides that all covered employers, (as defined), and the owners thereof, as the case may be, that are recipients of compensation from the County through any grant, loan, subsidy, funding, appropriation, payment, tax incentive, contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or an awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit a completed sworn affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees (as defined) and with respect to the alien and nationality status of the owners thereof. The affidavit shall be executed by an authorized representative of the covered employer or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement with the County; and shall be made available to the public upon request. All contractors and subcontractors (as defined) of covered employers, and the owners thereof, as the case may be, that are assigned to perform work in connection with a County contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit to the covered employer a completed sworn affidavit (under penalty of perjury), the form of which is attached, certi~ing 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. Page 12 of 20 Pages Law No. 09.SH- Operation SHIELD Name of Contractor The Contractor acknowledges that such filings ara a material, contractual and s. tatutory duty and that the failure to file any such statement shall constitute a material braach of this agreement. Under the provisions of the Lawful Hiring of Employees Law, the County shall have the authority to terminate this Agraement for violations of this Law and to seek other ramedies available under the law. T~e Contractor represents and wan:ants that it has raad, is in compliance Nth, and shall c0m'ply With the requiraments of Suffolk County Code Chapter 234, Suffolk County Local Law No. 52-2006, the Lawful Hiring of Employees Law. Required Forms: 5. Gratuities J 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 Requiraments Of 8 U .S.C. Section 1324a With Respect To Lawful Hiring Of Employees" Form LHE-2. The Contractor rapresents 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 agraement or securing favorable traatment with raspect tc the awarding or amending of an agraement or the making of any determinations with raspect to the performance of an agraement, and that the signer of this Agraement has raad 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 raprasents 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 praviously 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 heraafter or of any other Suffolk County Local Law that may become applicable during the term of this Agraement with ragard to child sexual abuse raporting policy. Page 13of20 Pages Law No. 09-SH- Operation SHIELD Name of Contractor 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 coveredunder 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 14 of 20 Pages Law No. 09-SH- Operation SHIELD Name of Contractor Exhibit C Notices and Contact Persons 1 Operational Notices Any communication, notice, claim for payment, reports, insurance, or other submission necessary or requiredto be madeby the .parties regarding..thisAgreement shall be in writing and shall be givento 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 Mall, Return Receipt Requested In Postpaid Envelope or by Courier Service or by Fax or by Emall Suffolk County Shedff's Office Address: 100 Center Ddve Riverhead, New York 11901 Att, Deputy Sheriff Sgt. John Andrejack Tel. No. 631 852-2651 Fax No. E-mail Address: John.Andrejack@suffolkcountyny.gov For the Contractor: By First Class or Certified Mail, Return Receipt Requested in Postpaid Envelope or by Courier Service or by Fax or by Emall 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. Tel. No. (631)765-1889 FaxNo. (631) 765-1823 E-mail Address: scot t. ru s se 11 ~ town. s outhold, ny. us 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 parry'defendant) to a lawsuit or any legal proceeding related to this Agreement, the Contractor shall immediately deliver to the County Attorney, atthe address set forth below, copies of all papers filed by or against the Contractor. Any commUnication or notice regarding termination Shall be in writing and shall be given to the County or the Contractor or their designated representative at the folloWing addresses or at such other addresses that may be specified in writing by the parties and must be delivered as follows: For the County: By First Class and Certified Mail, Return Receipt Requested in Postpaid Envelope or by Nationally Recognized Courier Service or Personally and by First Class Mall Page t5 of 20 Pages Law No. 09~SH- Operation SHIELD Name of Contractor Suffolk County Sheriff's office Address 100 Center Drive, Riverhead, New York 11901 Att. Deputy Sheriff Sgt. John Andrejack and Christine Mala~i County Attorney Suffolk County Department of Law H. Lee Dennison Building 100 Veterans Memodal Highway Hauppauge, New York 11788 For Contractor: By First Class and Certified Mail, Return Receipt Requested 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, upon the seventh business day after the mailing thereof; or (ii) if by nationally recognized ovemight 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 commemial banks am required or authorized to close in Suffolk County, New York, Each party shall g~ve prompt wdtten 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 16 of 20 Pages Law No. 09-SH- Operation SHIELD Name of Contractor Exhibit D Description of Services Reports/Progress Meetings The Contractor will be responsible for issuing timely reports in oral presentations and in writing ·. o~.the status.of.pending and proposed activities, as may reasonably be requested by the Department. Depending upon the nature of the services provided under this Agreement, the parties may meet from time to time; the meeting time, place and attendees shall be as mutually agreed upon by the parties. All wdtten reports will also be made available to the County in electronic format. The Contractor will assist the County in carrying out two New York State funded "Operation SHIELD" exercises by providing personnel for maritime enforcement as detailed in the budget attached as Exhibit G. End of Text for Exhibit D Page 17 of 20 Pages Law No. 09-SH- Operation SHIELD Name of Contractor Exhibit E Payment Terms General Payment Terms The Contractor shall prepare and present a claim form supplied by the County and approveo 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. 3. Specific Payment Terms and Conditions a. Payments Contingent upon State/Federal Funding Payments under the Contract may be subject to and contingent upon continued funding by the state and/or federal government(s). In such event, no payment shall be made until the Contractor submits documentation in the manner and form as shall be required by the state and/or federal government. If late submission of claims precludes the County from claiming state or federal reimbursement, such late claims shall not be honored. If, for any reason, the full amount of such funding is not made'available to the County, the Contract may be terminated in whole or in part, or the amount payable to the Contractor may be reduced at the discretion of Department, provided that any such termination or reduction shall not apply to allowable costs incurred by the Contractor prior to such termination or reduction, and provided that money has been appropriated for payment of such costs. The Contractor's failure to submit, or failure to timely submit, such documentation shall be an Event of Default. b. Denial of Aid If a State or Federal government agency is funding the Contract and fails to approve aid in reimbursement to the County for payments made hereunder by the County to the Contractor for expenditures made during the Term because of any act, omission or negligence on the part of the Contractor, then the County may deduct and withhold from any payment due to the Contractor an amount equal to the reimbursement denied by the state or federal government Page t8 of 20 Pages Law No. 09-SH- Operation SHIELD Name of Contractor agency, and the County's obligation to the Contractor shall be reduced by any such amounts. In such an event, if there should be a balance due to the County'after it has made a final payment to the Contractor under the Contract, on demand by the County, the Contractor shall reimbume the County for the amount of the balance due the County, by check to the order of the Suffolk County Treasurer. The provisions of this subparagraph shall survive the expiration or termination of the Contract. The inability of the County or the Contractor to obtain Federal or State funds due to. any act or omission of the Contractor shall be an Event of Default. c. Budget The Contractor expressly represents and agrees that the Budget, to the extent applicable, lists all personnel and/or all other costs of the Services. d. Payments Limited to Actual Net Expenditures The Contractor agrees that if, for any reason whatsoever, the Contractor shall spend during the Term for the purposes set forth in the Contract an amount less than, or receive amounts more than, provided in the Budget, the total cost of the Contract shall be reduced to the net amount of approved, actual Contractor expenditures made for such ~)urposes, and amounts received and that the total amount to be paid by the County shall not excee(: the lesser of Ii) approved actual net expenditures or (ii) the total cost of the Contract on the cover page and in the Budget. Upon termination or expiration of the Contract, if the Contractor's total amount of allowable expenses are less than the total amount of the payments made dudng the Term, the Contractor shall prepare a check payable to the Suffolk County Treasurer for the difference between the two amounts and submit such payment to the County, along with the final Suffolk County Payment Voucher. Salaries The Contractor shall not be eligible to receive any salary reimbursement until proof of deposit or payment of all withholding and payroll taxes to the Federal/State governments has been provided to the County. Salary reimbursement shall not include employees' share of FICAand Medicare contributions. Salary Increases No salary, wage, or other compensation for the Services shall be increased oVer the amount stated in the Budget without the prior written approval of the County. End of Text for Exhibit E Page 19 of 20 Pages Law No. 09;SH- Operation SHIELD Name of Contractor Exhibit F Legislative Resolution Exhibit G Budget (See Attached) Page 20 of 20 Pages EXHIBIT F Intro. Res. No. 1362-2009 Laid on Table 4/28/2009 Introduced by Presiding Officei, on request of the County Executive RESOLUTION NO.3.~-2009, ACCEPTING AND APPROPRIATING 100% FEDERAL PASS.THROUGH GRANT FUNDS FROM THE NYS OFFICE OF HOMELAND SECURITY (OHS) IN THE AMOUNT OF $45,000 FOR "OPERATION SHIELD" UNDER HOMELAND SECURITY GRANT PROGRAM (HSGP) TO BE ADMINISTERED BY THE SUFFOLK COUNTY SHERIFF'S OFFICE IN PARTNERSHIP WITH THE EAST END MARINE TASK FORCE AND TO EXECUTE GRANT RELATED AGREEMENTS WHEREAS, the New York State Office of Hometand Secudty has awarded Suffolk County Sheriff's Office $45,000 in funds 'under-the HSGP FY. 2009 program to be administered by. the-Suffolk County Sheriff's Office: and WHEREAS, the HSGP FY2009 will provide funds for high visibility maritime enforcement for prevention and response to terrorist attacks, and to minimize danger of and support recovery from terrorist attacks; and WHEREAS. this grant provides funding for two operations, one ~n July and one in September; the Sheriff's Office will receive 100% grant fundin~ in the amount of $45,000; and WHEREAS, the HSGP FY2009 is slated to operate,for the period beginning 05/01/2009 to 12/30/2009; and WHEREAS, said funds have not been included in the 2009 Operating Budget; now, therefore be it Ist RESOLVED, that the County Executive and Sheriff are authorized to execute any Agreement with the State of New York, as necessary, to secure said grant funds; and be it further 2nd RESOLVED, that the County Comptroller and the County Treasurer be and they hereby are authorized to accept and appropriate said unbudgeted grant funds in the amount of $45.[)00 as follows: REVENUES: 4330 - Homeland Security Operation Shield AMOUNT $45,000 .APPROPRIATION: Suffolk County Sheriff's Office Homeland Security Operation Shield 001-SHF-3160 1000- Personal Services 1120-Overtime Salanes ~12,717 $12,717_ ~000Sub Contractor 4980- DATED: APPROVED BY: $32,283 $32,283 County Executive ofSuffolkCounty Date: http://www.suffolkcountyny.gov/legis/resos2009/i1362-09-htm 5/14/2009 EXHIBIT G 2009 PROPOSED BUDGET LAW amended 3/10/09 ENFORCEMENT AGENCY .RANK O/T # ASSIGNED DAYS SALARY + FRINGE TOTAL EXPENSE SGT 24 I 3 $84.00 . $3~360.00' RIVERHEAD PO 24 I 3 $73.00 $1,752.00 SENIOR HARBOR 48 2 3 $44.08 $2,821.12' EAST HAMPTON MASTER HARBOR MASTER 48 2 3 $44.08 $2,115.84 QUOGUE '. SGT 16 2 4 $107.00 $3,424.00* PO 28 3 6 $87.00 $2,436.00 TOWN OF BENIOR BAY 32 I 4 $48.60 $2,332.80* SOUTHAMPTON CONSTABLE BAY CONSTABLE BAY CONSTABLE 32 1 4 $42.03 $1,344.96 SOUTHOLD SENIOR BAY TOWN BAY CONSTABLE 32 1 4 $52.50 $2,520.00' CONSTABLE BAY CONSTABLE 64 2 4 $45.00 ' $2,880.00 SCSO MARINE D/S SGT 84 1 4 $76.66 $6,338.08' PATROL. D/S 96 2 4 $66.45 $6~379.20 SAG HARBOR SENIOR HARBOR 80 I 6 $39.00 $3,744.00* HARBOR MASTER MASTER HARBOR MASTER 80 1 ' 6 $30.00 $2,400.00 SHELTER ISLAND BAY CONSTABLE 32 2 2 $24.00 ~ $1,152.00' BAY CONSTABLE NEW YORK LT 0 I 6 STATE DEC $0.00. $0.00 POECE PO' 0 3 6 NEW YORK TROOPER 0 I 2 $0.00 $0.00 STATE POLICE UNITED STATES OFFICERS 0 4 6 $0.00 $0.00 COAST GUARD TOTAL $45,000.00 * Includes administrative time for operational planning and final reporting. 4. 5.b Suffolk County Form 22 Contractor's/Vendor's Public Disclosu.re Statement Pursuant to Section A5-7 ofthe Suffolk County Administrative Code, this Public Disclosure Statement must be completed by all contractors/vendors that have a contract with Suffolk County, with the exception of hospitals; educational or governmental entities; not-for-profit corporations; and contracts providing foster care, family day care providers, or child protective consulting services, who do not have to fill out this form at all. 1. Contrac. mr's/Vend0r'sName Town of Southold Address 53095 Main Road City and State Southold, New York Contracting Department's Name Address Zip Code Payee Identification or Social Security No. Type of Business _Corporation Partnership _Sole'Proprietorship _._Other Is contractor/vendor entering into or haS contractor/vendor entered into a contract with Suffolk County in excess orS1,000? Yes No. Has contractor/vendor entered into thre~ or more contracts, including the one for which you are now completing this form, with Suffolk County, any three of Which, when combined, exeet $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.) e 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 necossary). Does contractor/vendor derive 50% or more of its total revenues from its contractual or vendor relationship with Suffolk County? __ Yes __ No. Page 1 of 3 Public Disclosure Form 10. 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 notapplicable.) The undersigned shall include this Contractor's/Vendor's Public Disclosure Statement with the contract. (Describe general nature of the contract.). 11. 12. 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 uny 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 mount of the conlract. 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, affmns under the penalties of perjury, that he/she has read and understood the foregoing statements and that they are, to his/her own knowledge, tree. Dated: (a - t - 0 ~ Printed Name of Signer: Title of Signer: Name of Contractor/Vendor: Signed: ~ Town of Scuthold UNIFORM CERTIFICATE OF ACKNOWLEDGMENT (Within New York State) STATE OF NEW YORK) COUNTY OF ~ ctl:~o/q~ ss.: On the ~ day of \~d ~L in ~e ye~ 200~before me, ~e ~dersi~ed, pe~o~ly appe~ed to or prowd to on of to be ~6 in~vidu~ ~hose nme¢) is (~) subscrib~ to ~e wit~n ins~em ~d ac~owl~ged to me ~t he~ executed ~e sine ~ ~~apaci~ ~d ~t by ~s~si~a~) on ~e im~enh ~e individ~(~, or ~e person upon beh~f of w~ch ~e indi~d~ acted, executed · e im~ent. (Si~a~re ~d offi~f individ~ ~ing ac~0wledgemel~~a,~ Tern ~piresluly 7, 20 II 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/befftheir signature(s) on 'the insmanent, 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) Page 3 of 3 Public Disclosure Form SUFFOLK COUNTY DEPARTMENT OF LABOR - LMNG WAGE UNIT NOTICE OF APPLICATION FOR COUNTY COMPENSATION (Contract)' Living Wago Law, Suffolk County.Codo, Chapter 347 (2001) To Be Completed I) NAME: Town of Sour.hold 2) VENDOR#: 3) CONTRACT ID #: (ltknown) 0flmown) 4) CONTACT: John Cushman $) TELEpHONE #: (631) 765:4333 6} ADDRESS: 53095 Mai'n Road Southold~ N'ew York ~ 19.71 7) TERM OF CONTRACT (DATES): 5 / ] / 0 9- i' 2 / 3 ~ / 0 9 8) PROJECT NAME: ( IF DIFFERENT FROM #1) Ope.ratiOn Shi'el'd 9). AMOUNT: $.5,~,oo..'oo 10) AWARDING AGENCY: NYS Dept, of Homeland Secu'rity 11~ BRIEF DESCRIPTION OF PROJECT OR SERVICE: aritime law enforcemeot focusing on foreign flagged ves'sels. 12) pROJECTED EMPLOYMENT NEEDS: (attach a statement Hsting, by job classification, the'total workforce dedicated to performing tltis contract or service, including calculation of eStimated net increaseor decrease in jobs as a result of funding). 13). PROJECTED WAGE LEVELS: (attach a statement listing projected wage levels, compensated days off and medical benefits for total workforce dedicated to fulfilling the terms of this contract, broken down annually for each year of the term of the contract). LW-l(revised 4/05) POLICE DEPARTMENT TOWN OF SOUTHOLD CARLISLE E. COCHRAN, JR. Chief of Police Telephone Emergency Dial 911 Suffolk County Depa~'uiient of Law Addendum to LW-1 Re: Items 11 and 12 The Southold Town Police Department will participate in Operation Shield in the following manner: Bay Constables will be assigned on a voluntary overtime basis to work tours of duty exclusively assigned to maritime law enforcement focusing on foreign flagged vessels. Officers assigned will only be full time officers covered by the The lowest hourly rate for a Bay Constable is $24.1207 with a minimum of 33.5 compensated days off. All participating Bay Constables receive a full me, dical benefit package. All wage/benefit information is on file and available for inspection at your request. 41405 Route25oP. O. Box 911 · Pcconic, N.Y. 11958 Administrative (631) 765-2600/2601 o Fax (631) 765-2715 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: September 15, 2009 TO: Michael P. Sharkey, Chief of Staff, S.C. Office of the Sheriff FROM: ~.~a Rosenberg, Director of Living Wage Compliance Unit TELEPHDNEI '#. 853-2063 VENDOR #: 11-6001939 REF.: Operation Shield You are hereby notified that the response from Town of Southold 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 Chgk if appli~ble SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT LIVING WAGE CERTIFICATION/DE~LARATION-SUBJECT TO AUDIT If either of the following deflnill0ns of 'compensation' (L/~f# Wa~e Law Chapter 347 - 2) applies to the coutractor's/recipient~s business or transaction with Suffolk County, the conffactor/recipient must complete Sections 1, 3, 4 below; and Form LW-1 (Nolice 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 muqt be submitted to the awarding agency. "Any gran~, loan, tax incemive or abaiamunL bond finuncing subsidy or other form of compensation of more thai $50.000 which is realized by or provided to an employer of at least te~ (10) employees by or through the authority or approval of the Couhty of Suffolk," br '~Any ~rvice contract or subcontract l~t to a contractor with tun (10) or more employees by the County of Suffolk for the furnishing of services to or for the County of Suffolk (except contracts where servicoz are incidental to the delivery of products, equipmunt or commodities} whicMnvolve an-expenditure equal to or greater than $10.000. For the purposes of this definition, ~he amount of expundio~re for more than one confi.act for the same service shall bo aggregated, A contract for the purchase or lease of goods, products, equipment, supplies or other propewy is not 'compensation' for t~o purposes of this definition." Section I The Living ~Yage 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 tempora,'y employed persons who perform work or render services on or for a project, matter, contract or subcontract where this company has received compensaiiun, fi.om the County of Suffolk as defined in the Law (compensation) a wage rate of no less than $10.69 ($9.25 for child care providers) per hour worked with health bunefits, as described in thc Law. or otherwise $12.17 ($10.50 for childcarc providers) pc~'hoor or the rates as may be adjuaied annually in accordance with thc Law. (Chapter 347-3 B) I/we further agree that any tenant or leasoholder of this company that employs at least ten (10) persons and occupies property or uses equipmunt or property thai is improved or developed as n result of compensation or any con.actor or suboontractor of this company that employs at least ten (10) persons in producing or providing goods or servico~ to this company that are used in the project or mater for which this company has received compensation shall comply with all the provisions of the Law, including those specified above. (Chapter 347-2) Se~don. H I/we fu~e~ agree to permit access to work sites and relevant pevroll records by authorized County represuntafives for the purpose of mouitoring compliance with regulations under this Chapter of the Suffolk County Code, investigating employee complaints of noncompliance and evalua~ug the operation and cffccta of this Chapter, including the production for inspection & copying of payroll records for any or all employees ~r the term of the contract or for five (:5) years, whichever period of compliance is longer. Ali payroll and benefit records required by the County will be maintained for inspection for a almilar period of time. (Chapter 347-7 D) The County Depmmiunt of Labor shall review the records of any Cove~ed Employer at least once every three years to verify compliance with the provisions of the Law..(Chapter 347-4 C) The Living ~Vage Law does not apply to this contract for the following reason(s):. Check if applicable Section 1H Con, actor Namc: Contractor Ad~: Contractor Phone #: Town-of Southold 53095 Main Road Southold, New York 11971 (631) 765-4333 Federal Employer ID~: Amount of compunsafion: Vunder #: 11-600-1939 $'5,400.00 Descriptionofprojectorservic~.aritime law enforcement focusing on foreign flagged vessels. Section IV I declare under peJ~lty of perjury undo' thc Laws of thc State of New York that the undersigned is authorized to provide this certification, and that the abc~'~qs Wac and cortae~ ' Au .tAhorize~ff Sigonturc . .- Datc ocott .~. Russe,l, Supervisor Print Name and Title of Authorized Representative LW38 (rovis~l 5-08) gmTolk County, New York Depar~nont of Labor SUFFOLK COUNTY DEPARTMENT OF LABOR- LABOR MEDIATION UNIT UNION O~,ANIZING CERTIFICATION/DECLARATION- SUBJRCT TO Auorr If the followliig definition nf "County Contractoi'' (Union Organizing 'Law chapter 466-2) applies to the contractor's/beneflelary'm business Or transaction wfth Suffolk County, the contractJr/beneficfary must complete Seci4ous I, HI~ and IV below, ffthe following definitions do not apply the contractor/bcoeficiary must complete Secffon~ lI,'HI and IV below. Completed forms must be submitted to the awarding agency. ...... County Contractor: "Any employ~ that receives mur~ than $50,000 in County funds for supplying goods or serwce* pursuant to a written contrac{ with tho 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 reimbursemeht for serv'oe* provided in any ~lendar year; or pursuant to i( subcontra~'t with an}, of ge above." ~ Seetlon I The Union Organizing Law applies to this contract. I/we hereby agr~ 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 tM goods and/or . service* tim are the subj~t of the contract with the County of Suffolk sl~l not use County funds Jo assist, promoter Check if 6r d~ter union brganizing (Chapter 466-3 A), nor seek reimbursement from tho County for costs incurred to assi~ Applicable promote, or deter union organizing. (Chapter 466-3 B) I/we furthur agr~ to take all a~iun nece*sary to ensure that County fund~ are not used to assist, promote, or d~' union organizing. (Chap~r 4663 It) l/we further agree that I/we will no~ use County prepay to hold mc~ings to assist promote, or d~er union organizing. (Chapter 466-3E) l/we further agree that if any expmditoras or costs incurred to ~ssist, promote, or doter anion organizing are made, I/we shallmaintain r~ords sufficient to show that no County funds wer~ eaed for those expenditures and, as applicable, that no reimbursemant from County funds has b~n sought for m~ costs. I/we al~ that sne. h reCOrds shall be made available to fig pertinent County agency or antho¥ity, tho County Comptroller, ur th? County Department of Law upon reque*t. (Chapter 466-3 I) I/we further affmn to tho following as to the goods and/or se~ices that arethe subje~ of the contract with the County of Suffolk: · I/we will not express to employees any false ormisleading information that is intruded to influenc~ the delm'minatiun of employ~ preference* ragarding, uniun repgs~ntatiun; · [/w~ will not co~c~ or intimidate vmployecs, explicitly or implicitly, i~ sciecting or not s~lecting a bargaining r~prasentstive; · I/w~ will not re. quire an mployce, individually or in a group, to attend a m~ting or an event 0aa{ is intondad to influence his or her decision ia selecting or not sci~ing a bargaining repmsentativea · I/we understand my/our obligation to limit disruptions caused by prerecognition labor dispute* through the adoptioi~ 0f nuncouffuntationai procedures for th~ resolution of prerecognitiun labor disputes.with employecs engaged in the produation of goods or the rendering of s~rvices for the County; and · l/we have or will adopt any or all of the above-refer~oad prur~ugs, or their functional equivalent, to ensure the efficient, timely, and quality provision of goods and service* to the County. I/we shall inciude a list of said procedure* in stroh cerlifioadon. The Union Organizing Law dons not apply to this contract for the following re*son(s): Contractor will not receive more than S50,000 in County funds. Section H Check if Applicable DOL-EO1 (3/5108) Suffolk County, New York De~ar~rnunt of Labor Seedon Ili Contractor Name: Contractor Address: Town of Southold 53095 Main Road Southold, New York (63I) 765-4333 Contractor Phone #: Description of project or s~rvic~: Mar it ime 1 aw enforcement Fed~raiEmployerlD#: I 1-600-1939 Amount of Assistance: $5,400.00 %ri~0r#: ' - focusing on foreign flagmed vessels. Section IV In the event any part of the Union Organizing Law, Chapter 466 of the Laws of Suffo k County, is found by a cotnt of enmpetent jurisdiction to be preempted by federal and/or state law, this certification/declaration shall be void ab tnitio. Section V I deolare under penalt)~of perjmy under the Laws of the State of New York that the unda'signed is authorized to provide this c~rtifieation~l~~, Print Name. d Title of Authoriz~ Rcpresentativ DOD-I x31 (31510g'~ SUFFOLK COUNTY DEPARTMENT OF IhABOR NOTICE OF APPLICATION TO CERTI]~ COMP]~,IANCE WITH FEDERAL LAW f8 U.S.C. SECTION 1324A) WITH RESPECT TO LAWFUL HIR~G OF EMPLOYEES Suffolk Count~ Code~ Chapter 234 f2006/ To Be Completed By Applicant/Covered .Eraployer//Ow~er EMPLOYEIUCORPJBUSINESS/COMPANYNAME: Town of SouChold ]:) ADDRESS: 53095 Main Road Southold, New York 2) NOT-FOR-PROFIT: YES x NO 11971 __ (SUBMIT PROOF OF IRS NOT-FOR-PROFIT STATUS) 3) VENDOR#: 4) **CONTRACT ID: (If known) (If known) 5) CONTACT: John Cushman ~) TELEPHONE #: ..(63 t) 765-4333 7} TERM OF CONTRACT OR EXTENSION (PROVIDE DATES): 5/1/09- ~2 / 3 ] / 09 8) AMOUNT OF CONTRACT OR EXTENSION: $ 5,4'00.00 9) BRIEF DESCRIPTION OF PROJECT OR SERVICE Mar it ime law enforcemenr focus ing on foreign flag§ed vessels~ SUBCONTRACTOR: 1) ADDRESS: 2) VENDOI~: · 3) TELEPHONE #: 4) CONTACT: ~ DESCRIPTION OF COMPENSATION, PROJECT OR SERVICE: EVIDENCE OF COMPLIANCE: COPIES OF THE FOLLOWING MUST BE MAINTAINED BY COVERED EMPLOYERS OR THE OWNERS THEREOF FOR EACH EMPLOYEE FOR THE TIME PERIODS SET FORTH IN SUFFOLK COUNTY CODE, CHAPTER 234, SECTION $ (C): A, United States passport; or B, resident alien card or alien registration card; or C, birth certificate indicating that person was. born in the United States; or D, (1) a driver's license, if it contains a photograph of the htdividual; and (2)a social security account number card (other.than such.a card which specifies on its face that the issuance of the card does not authorize employment in the United States); or E, employment authorization documents such as an H-lB visa, H-2B visa, and L-1 visa, or other work visa ns may be authorized by the United States Government at the time the County contract is awarded for all covered employees. LHE-I (03/07) AFFIDAVIT OF COMPLIANCE WITH TIlE REQUIREMENTS OF 8 U.S.C. SECTION 1324a WITH RESPECT TO LAWFUL I~IIIING OF EMPLOYEES State of New York Co~n~yof .5-~-~-/~. ~.~.{/,'be~ day sworn, O~po~ end s~y~: ~t N~e of D~n~0' ' 1. I ~ o~or~~ ~pre'sentafi~f" ~ ~4 ff~A~/~. (C~clo one) ~e OtCd~J~ Bus~e~, Co~) I certify that I have complied, in good faith, with the requirements of Title 8 of the United States Code (U.S.C.) section 1324a (Aliens and NaQomflity)with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as set forth in Suffolk County Code Chapter 234 (2005). Sworn to before me this ~ day of ~, riO_ , ~0~{._ BONNIE J. DOROSKI Notar~ Public, State Of New'Yo~ No. 01D06095328, Suffolk County Term Expires July 7, 20 ~ ~ LHE-2 (01/07) - 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 VERIFICATION OF SUBMISSION OF LAWFUL HIRING OF EMPLOYEES Suffolk County Code, Chapter 234 (2006) To Be Completed By the Local Law Compliance Unit DATE: June 5~ 2009 TO: Michael P. Sharkey. Chief of Staff~ S.C. Office of the Sheriff FROM~-B/renda Rosenberg~ Director of Living Wage Comoliance Unit TELEPHONE #: 853-5630 EMPLOYER: Town of Southold VENDOR #: 11-6002139 REF.: Maritime Law Enforcement 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 find that this submission is complete and is in compliance with the requirements set forth by the Suffolk County LawfulHiring of Employees Law (Local Law #52-2006),. LHE-3 (o~/o7)