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HomeMy WebLinkAboutOperation ShieldSouthold Town Board - Letter Board Meeting of July 13, 2010 RESOLUTION 2010-503 ADOPTED Item # 5.7 DOC ID: 6022 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-503 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 13, 2010: 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 Suffoik~ 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 $80,000 for Operation Shield administered by the Suffolk County Sheriff's Office in partnership with the East End Marine Task Force, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Generated July 13, 2010 Page 11 · Law No. 10-SH-021 Operation SHIELD ooooooo 4375 ORIGINAL Agreement This Contract ("the Contract") is between the County of Suffolk ("the County"), a municipal corporation of the State of New York, acting through its duly constituted Sheriff's Office ("the Department"), located at 100 Center Drive, Riverhead, New York 11901; and The Town of Southold ("the Contractor"), having an address at 59035 Main Road, Southold, New York 11971. Term of the Contract: June 1,2010 through December 31,2010 Total Cost of the Contract: Shall not exceed $6,960.00, as set forth in Article II, attached. Terms and Conditions: Shall be as set forth in Articles I and II and Exhibits 1 and 2, attached hereto and made a part hereof. In Witness Whereof, the parties hereto have executed the Contract as of the latest date written below. Name of Canl~ctor N~ Scott~u~sell - Title Supervisor Fed. Tax ID~I 1-¢00-1939 Date Ilia,alto p~alties of p~u~ ~at l ~ ~ offic~ of ~ ~ ~ff~atlhaver~d~dlam hmili~ with ~A5-7 of ~icle V of~e Suffolk Coun~ Code, ~d that ~ ~ ~~ m~s all BY: /~-'~ ~COUNTY/I)F SUFFOLK~/~ Name: ~ Title: Deputy Cougty Executive Date: Approved: Suffolk Cp~./Sheriff's Office Name Vincent F. DeMarco Title Sheriff Date Ogl; ~:/ Approved as to Legality: Christine Malafi, County Attorney Jacqueline Ca Assistant County Attorney Date 0 Page 1 of 6 0006574 Law No. 10-SH-021 Operation SHIELD List of Articles & Exhibits Article I Description of Services Article II Financial Terms and Conditions 1. Conflicting Provisions 2. General Payment Terms 3. Agreement Subject to Appropriation of Funds 4. Comptroller's Rules and Regulations for Consultant's Agreements 5. Specific Payment Terms and Conditions Exhibit 1 County Terms and Conditions 1. Elements oflnterpretation 2. Meanings of Terms 3. Contractor Responsibilities 4. Qualifications, Licenses, and Professional Standards 5. Termination 6. Indemnification and Defense 7. Insurance 8. Independent Contractor 9. Severability 10. Merger; No Oral Changes 11. Set-Off Rights 12. Non-Discrimination in Services 13. Nonsectarian Declaration 14. Goveming Law 15. No Waiver 16. Conflicts of Interest 17. Cooperation on Claims 18. Confidentiality 19. Assignment and Subcontracting 20. No Intended Third Party Beneficiaries 21. Ce~ification as to Relationships 22. Publications and Publicity 23. Copyrights and Patents 24. Arrears to County 25. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction 26. Notice Exhibit 2 Suffolk County Legislative Requirements 1. Contractor's/Vendor's Public Disclosure Statement 2. Living Wage Law Page 2 of 6 Law No. 10-SH-021 Operation SHIELD 3. Use of County Resources to Interfere with Collective Bargaining Activities 4. Lawful Hiring of Employees Law 5. Gratuities 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas 7. Child Sexual Abuse Reporting Policy 8. Non Responsible Bidder 9. Use of Funds in Prosecution of Civil Actions Prohibited 10. Youth Sports 11. Suffolk County Local Laws Website Address Page 3 of 6 Law 'No. 10-SH-021 Operation SHIELD Article I Description of Services Whereas, the County has received federal pass-through grant funds from the New York State Office of Homeland Security for an "Operation Shield"; and Whereas, the County has accepted and appropriated said funds via Resolution No.~-20- 10,' and Whereas, the Contractor will provide personnel to assist the County in the "Operation Shield" exercises as set forth herein; Now Therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree as follows: 1. Conflicting Provisions In the event of any conflict between any provision in this Article I and an exhibit to this contract, the exhibit shall prevail unless it is expressly stated in the conflicting provision in this Article I, that it shall prevail over the exhibit. 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 Article II. End of Text for Article I Law'No. 10-SH-021 Operation SHIELD Article II Financial Terms and Conditions Conflicting Provisions In the event of any conflict between any provision in this Article II and an exhibit to this contract, the exhibit shall prevail unless it is expressly stated in the conflicting provision in this Article II, that it shall prevail over the exhibit. General Payment Terms ae Presentation of Suffolk County Payment Voucher In order for p~yment to be made by the County to the contractor for the Services, the contractor shall prepare and present a Suffolk County Payment Voucher ("Voucher"), which shall be documented by sufficient, competent and evidential matter. b. Voucher Documentation To the extent applicable to the Contract, the Contractor shall furnish the County with detailed documentation in support of the payment for the Services or expenditures under the Contract e.g. dates of the Service, worksite locations, activities, hours worked, pay rates, program budget categories, and time recor~ls, certified by the Contractor as tree and accurate, of all personnel for whom expenditures are claimed during the period. c. Payment by County Payment by the County shall be made within thirty (30) days after approval of the Voucher by the Comptroller. d. Final Voucher The acceptance by the Contractor of payment of all billings made on an approved Voucher shall operate as and shall be a release of the County from all claims by the Contractor through the date of the Voucher. Agreement Subject to Appropriation of Funds The Contract is subject to the amount of funds appropriated and any subsequent modifications thereof by the Legislature, and no liability shall be incurred by the County beyond the amount of funds appropriated by the Legislature for the Services. Comptroller's Rules and Regulations for Consultant's Agreements ne 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 the Contract. The County shall provide the Contractor Page 5 of 7 Law,No. 10-SH-021 Operation SHIELD with a copy of any amendments to the "Comptroller's Rules and Regulations for Consultant's Agreements" during the term of the Contract. The Contractor agrees to maintain its accounts in the performance of the Contract in accordance with generally accepted accounting principles, and as may otherwise be directed by the Comptroller. The Contractor agrees to retain ail accounts, records and other documents relevant to the Contract for six (6) years after final payment. All payments made under the Contract are subject to audit by the Comptroller. 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, the ~Contractor shall repay the amount of such overpayment by check to the order of the Suffolk County Treasurer. 5. 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 State and/or Federal agencies. In such event, no payment shall be made until the Contractor submits documentation in the manner and form as shall be required by State and/or Federal agency. 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 the County, provided that any such terniination 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. b. Denial of Aid Ifa 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 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 reimburse the County for the amount of the balance due the County, payable to the Suffolk County Treasurer. The provisions of this subparagraph shall survive the expiration or termination of the Contract. c. Budget The Contractor expressly represents and agrees that the Budget below, to the extent applicable, lists all personnel and/or all other costs of the Services. Page 6 of 7 Law'No. 10-SH-021 Operation SHIELD 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 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. Budget Rank O/T # Assigned Days Salary & Fringe Sr. Bay Constable 64 1 8 $52.50 Bay Constable 80 2 6 $45.00 Total $3,360.00 $3,600.00 $6,960.00 End of Text for Article II Page 7 of 7 Law.No. 10-SH-021 Operation Shield Exhibit 1 County Terms and Conditions 1. Elements of Interpretation As used throughout the Contract: a. Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa. Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons, and shall include successors and assigns. b. Capitalized terms used, but not otherwise defined herein, shall have the meanings assigned to them in the Contract. 2. Meanings of Terms As used in the Contract: "Comptroller" means the Comptroller of the County of Suffolk. "Contract" means all terms and conditions herein forming all rights and obligations of the Contractor and the County. "Contractor" means the signatory person, partnership, corporation, association or other entity, its officers, officials, employees, agents, servants, sub-contractors and any successor or assign of any one or mora of the foregoing performing the Services. "County" means the County of Suffolk, its departments, agents, servants, officials, and employees. "County Attorney" means the County Attorney of the County of Suffolk. "Department" means the signatory department approving the Contract. "Engineering Services" means the definition of the practice of engineering and the definitioo of practice of land surveying, as thc case may be, under Section 7201 and Section 7203 of the Statu Education Law, respectively. "Event of Default" means a. Thc Contractor's failure to maintain the amount and types of insurance required by the Contract; or b. The Contractor's failure to comply with any Federal, State or local law, rule, or regulation, and County policies or directives; or c. The Contractor's bankruptcy or insolvency; or El of 8 The Contractor's failure to cooperate in an Audit; e. The Contractor's falsification of records or reports, misuse of funds, or malfeasance or nonfeasanee in financial record keeping arising out of, or in connection with, any contract with the County; or f. The Contractor's failure to submit, or failure to timely submit, documentation to obtain Federal or State funds; or g. The inability of the County or the Contractor to obtain Federal or State funds due to any act or omission of the Contractor; or h. Any condition the County determines, in its sole discretion, that fs dangerous. "Federal" means the United States government, its departments and agencies. "Fund Source" means any direct or indirect sum payable to the Contractor by the County pursuant to any lawful obligation. "Legislature" means the Legislature of the County of Suffolk. "Services" means all that which the Contractor must do and any part thereof arising out of, or in connection with, the contract necessary to render the assistance and benefit intended by the Contract. "State" means the State of New York. "Suffolk County Payment Voucher" means the document authorized and required by the Comptroller for release of payment. 'q'erm" means the time period set forth on page one of the Contract and, if exercised by the County, the option period. 3. Contractor Responsibilities n. It shall be thc duty of the Contractor to discharge, or cause to be discharged, all of its responsibilities in the interest of the County in accordance with the provisions of the Contract. b. The Contractor shall promptly take all action as may be necessary to render the Services. c. The Contractor shall not take any action that is inconsistent with the provisions of the Contract. Qualifications, Licenses, and Professional Standards a. 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. b. The Contractor shall continuously have during the Term all required authorizations, certificates, certifications, registrations, licenses, permits, and other Law'No. 10-SH-021 Operation Shield approvals required by Federal, State, County, or local authorities nccassary to qualify it to render the Services. 5. Termination a. Thirty Days Termination The County shall have the right to terminate the Contract without cause, for any red,son, at any time, upon such terms and conditions it deems appropriate, provided, however, that no such termination shall be effective unless thc Contractor is given at least thirty (30) days notice. b. Event of Default; Termination on Notice i.) The County may immediately terminate thc Contract, for cause, upon such terms and conditions it deems appropriate, in the Event of Default. ii.) If the Contractor defaults under any other provision of thc Contract, the County may terminate the Contract, on not less than five (5) days notice, upon such terms end conditions it deems appropriate. c. Duties upon Termination i.) The Contractor shall discontinue the Services as directed in the termination notice. ii.) The County shall pay the Contractor for the Services rendered through the date of termination. iii.) The County shall be released from any end all liability under tho Contract, c~'ective as of the date of thc termination notice. iv.) Upon termination, the Contractor shall reimburse the County the balance of any funds advanced to the Contractor by the County no later then thirty (30) days after termination of the Contract. The provisions of this subparagraph shall survive the expiration or termination of the Contract. v.) Nothing contained in this paragraph shall be construed as a limitation on the County's legal or equitable remedies, or other rights available to it as set forth in the Contract. 6. Indemnification and Defense a. The Contractor shall protect, indemnify, and hold harmless the County, its agents, servants, officials, and employees from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, suits or actions, costs, end expenses caused by the negligence or any acts or omissions oftbe Contractor, including reimbursement oftbe cost of reasonable attorneys' fees incurred by the County, its agents, servants, officials, and E2 of 8 employees in any action or proceeding arising out of or in connection with the Contract. b. The Contractor hereby mpresants and warrants that it will not infringe upon eny copyright in performing the Services. The Contractor agrees that it shall protect, indemnify, and hold harmless the County, its agents, servants, officials, and employees from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, suits or actions, costs, and expenses arising out of any claim asserted for infi'ingemant of copyright, including reimbursement of the cost of reasonable attorneys' fees incurred by the County, its agents, servents, officials, and employees in any action or proceeding arising out of or in connection with eny claim asserted for infringement of copyright due to the Contractor's actions in carrying out its duties under this Contract. c. The Contractor shall defend thc County, its agents, servants, officials, and employees in any proceeding or action, including appeals, arising out of, or in connection with, the Contract, and eny copyright infringement proceeding or action. At the County's option, the County may defend any such proceeding or action end require the Contractor to pay reasonable attorneys' fees for the defense of any such suit. a. The Contractor shall continuously maintain, during the Term of the Contract, insurance in amounts end types es follows: I.) Commercial General Liability insurance, including contractual liability coverage, in an amount not le~ then 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. The County shall be nemed an additional insured. ii.) Automobile Liability insurance (if any vehicles are used by the Contractor in the performance of the Contract) 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. The Contractor shall furnish to the County, prior to its execution of the Contract, the documentation required by the State of New York Workers' Compensation Board of coverage or exemption from coverage pursuant to §§57 end 220 of the Workers' Compensation Law. In Law'No. 10-SH-021 Operation Shield accordance with General Municipal Law § 108, the Contract shall be void and of no effect unless the Contractor shall provide and maintain coverage during the Term for the benefit &such employees as are required to be covered by the provisions oftbe Workers' Compensation Law, iv.) Professional Liability insurance in an amount not less than Two Million Dollars ($2,000,000.00) on either a per-occurrence or claims-made coverage basis. b. The County may mandate an increase in the liability limits set forth above in the immediate preceding paragraphs. c. All policies providing such coverage shall be issued by insurance companies with an A:M. Best rating of A- or better. d. The Contractor shall furnish to the County, prior to the execution oftbe Contract, declaration pages for each policy of insurance, other than a policy for commercial general liability insurance, and upon demand, a tree and certified original copy of each such policy evidencing compliance with the aforesaid insurance requirements. In the case of commercial general liability insurance, the Contractor shall furnish to the County, prior to the execution oftbe Contract, a declaration page or insuring agreement and endorsement page evidencing the County's status as an additional insured on said policy, and upon demand, a true and certified original copy of such policy evidencing compliance with the aforesaid insurance requirements. e. All evidence of insurance shall provide for the County to be notified in writing thirty (30) days prior to any cancellation, nonranewal, or material change in the policy to which such evidence relates. It shall be the duty of the Contractor to notify the County immediately of any cancellation, nonrenewal, or material change in any insurance policy. f. In the event the Contractor shall fail to provide evidence of insurance, the County may provide the insurance required in such manner as the County deems appropriate and deduct the cost thereof fi'om a Fund Source. 8. lndependent Contractor The Contractor is not, and shall never be, considered an employee of the County for any puq>ose. Notwithstanding anything herein, the Contract shall not be construed as creating a principal-agent relationship betwean the County and the Contractor or the Contractor and the County, as the case may be. 9. Severability It is expressly agreed that if any term or provision of the Contract, or the application theranf to any person or 10. E3 of 8 11. 12. circumstance, shall be held invalid or unenforceable to any extent, the remainder of the Contract, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and provision oftbe Contract shall be valid and shall be enforced to the fullest extent permitted by law. Merger; No Oral Changes It is expressly agreed that the Contract represents the entire agreement oftbe parties and that all previous understandings are herein merged in the Contract. No modification of the Contract shall be valid unless in written form and executed by both parties. Set-OffRlghts 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 fi.om a Fund Source an amount no greater than any moneys due and owing to the County for any reason. The County shall exercise its set-offrights subject to approval by the County Attorney. In cases of set-off pursuant to a Comptroller's audit, the County shall only exercise such right alter the finalization thereof, and only atter consultation with the County Attorney. Non-Discrimination in Services a. The Contractor shall not, on the grounds of race, creed, color, national origin, sex, age, disability, sexual orientation, military status, or marital status: I.) deny any individual the Services provided pursuant to the Contract; or ii.) provide the Services to an individual that is different, or provided in a different manner, from those provided to others pursuant to the Contract; or ill.) subject an individual to segregation or separate treatment in any matter related to the individual's receipt oftbe Services provided pursuant to the Contract; or iv.) resffict an individual in any way from any advantage or privilege enjoyed by others receiving the Services provided pursuant to the Contract; or v.) treat an individual differently fi.om others in determining whether or not the individual satisfies any eligibility or other requirements or conditions which individuals must meet in order to receive the Services provided pursuant to the Contract. b. The Contractor shall not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, creed, color, national Law'No. 10-SH-021 Operation Shield origin, sex, age, disability, sexual orientation, military status, or marital status, or have the effect of substantially impairing the Contract with respect to individuals ora particular race, creed, color, national origin, sex, age, disability, sexual orientation, military status, or marital status, in determining: i.) the Services to be provided, or ii.) the class of individuals to whom, or the situations in which, the Services will be provided; or ilL) the class of individuals to be afforded an opportunity to receive the Services. 13. Nonsectarian Declaration The Services performed under the Contract are senular in nature. No funds received pursuant to the Contract shall be used for sectarian purposes or to further the advancement of any religion. The Services will be available to all eligible individuals regardless of religious belief or affiliation. 14. Governing Law The Contract shall be governed by and construed in accordance with the laws oftbe State of New York, without regard to conflict of laws. Venue shall be designated in the Supreme Court, Suffolk County, the United States District Court for the Eastern District of New York, or, if appropriate, a court ofinferier jurisdiction in Suffolk County. 15. No Waiver It shall not be construed that any failure or forbearance of thc County to enforce any provision of thc Contract in any particular instance or instances is a waiver of that provision. Such provision shall otherwise remain in full force and effect, notwithstanding any such failure or forbearance. 16. Conflicts of Interest The Contractor shall not, during the Term, pursue a course of conduct which would cause a reasonable person to believe that he or she is likely to be engaged in acts that create a substantial conflict between its obligations under the Contract and its private interests. 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 as long as the Term. The determination as to whether or when a conflict may potentially exist shall ultimately be made by the County Attorney after full disclosure is obtained. 17. Cooperation on Claims The Contractor and the County shall render diligently to 18. 19. 20. 21. E4of8 each other, without compensation, any and all cooperation that may be required to defcnd 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 arising out of or in connection with the Contract. Confidentiality Any document of the County, or any document created by the Contractor and used in rendering the Services, shall remain the property oftbe County end shall be kept confidential in accordance with applicable laws, rules, and regulations. Assignment and Subcontracting a. The Contractor shall not delegate its duties under the Contract, or assign, transfer, convey, sublet, or otherwise dispose oftbe Contract, or any of its right, title or interest therein, or its power to execute the Contract, or assign all or any portion of the monies that may be due or become due hereunder, (collectively referred to in this paragraph 23 as "Assignment"), to any other person, entity or thing without the prior written consent of thc County, and any attempt to do any oftbe foregoing without such consent shall be a material default by the Contractor. b. Such Assignment shall be subject to all of the provisions of the Contract, assumption of all of the provisions of the Contract by the Contractor's assignee, end to any other condition the County requires. No approval of any Assignment shall be construed as enlarging any obligation of the County under the terms and provisions of the Contract. No Assignment of the Contract or assumption by any person ofeny duty of the Contractor under the Contract shall provide for, or otherwise be construed as, releasing the Contractor from any term or provision of the Contract. No Intended Third Party Beneficiaries The Contract is entered into solely for the benefit of the County and the Contractor. No third party shall be deemed a benefieia,~ of the Contract end no third party shall have the right to make any claim or assert any right under the Contract. Certification as to Relationships The Contractor certifies under penalties of perjury that, other than through the funds provided in the Contract end other valid agreements with the County, there is no known spouse, life partner, business, commercial, economic, or financial relationship with the County or its elected officials. The Contractor also certifies that there is no relationship within the third degree of consanguinity, between the Contractor, any of its partners, members, directors, or shareholders owning five (5%) percent or more of the Contractor, and the County. Law No. 10-SH-021 Operation Shield 22. Publications and Publicity a. The Contractor shall not issue or publish any book, article, report, or other publication related to the Services without first obtaining written prior approval from the County. ARcr approval in writing is obtained, all such printed matter or other publication shall contain the following statoment in clear and legible print: "This publication is fully or partially funded by the Suffolk County Exeeutive's Office." b. The Contractor shall not issue press releases or any other information to the media, in any form, concerning the Services, without obtaining prior written approval from the County. 23. Copyrights and Patents a. Copyrights lfthe work of the Contractor should result in the production of original books, manuals, films, or other materials for which a copyright may be granted, the Contractor may secure copyright pmtention. However, the County reserves to itself, and the Contractor hereby gives to the County, and to any other person designated by the County, a royalty-free, nonexclusive license to produce, reproduce, publish, translate, or otherwise use any such materials. b. Patents If thc Contractor makes any discovery or invention during thc Term, or as a result of work performed under the Contract, the Contractor may apply for and secure for itself patent protection. However, the County reserves to itself, and the Contractor hereby gives to the County, and to any other person designated by the County, a royalty-frce, nonexclasive license to produce or otherwise use any item so discovered or patented. 24. Arrears to County The Contractor warrants that, except as may otherwise be authorized by agreement, it is not in arrears to the County upon any debt, contract, or any other lawful obligation, and is not in default to the County as surety. 25. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction In the event that the Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk, Suffolk County Code Chapter 234, as more fully set forth in the Article entitled "Suffolk County Legislative Requirements," the Contmetor shall maintain the documentation mandated to be kept by this law on the construction site at all times. Employee sign-in sheets and register/log books shall be kept on the construction site at all times and all covered E5 of 8 employees, as defined in the law, shall be required to sign such sign-in sheets/register/log books to indicate their presence on the construction site during such working hours. 26. Notice Unless otherwise expressly provided herein, all notices shall be in writing and shall be deemed sufficiently given if sent by regular first class mail and cerfified mail, or personally delivered during business hours as follows: 1.) to the Contractor at the address on page I of the Contract and 2.) to the County at the Department, or es to either of the foregoing, to such other address as the addressee shall have indicated by prior written notice to thc addressor. All notices received by the County relating to a legal claim shall be immediately sent to the Department and also to the County Attorney at 100 Veterans Memorial Highway, Ib.O. Box 6100, (Sixth Floor), Hauppangn, New York, 11788. Thc County shall report to the Contractor in writing within tan (10) days oftbe initiation by or against it of any legal action or proceeding in connection with or relating to The Contract. End of Text for Exhibit 1 La~ No. 10-SH-021 Operation Shield Exhibit 2 Suffolk County Legislative Requirements Contractor's/Vendor's Public Disclosure Statement It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of section A5-7 of Article V of the Suffolk County Code. Unless certified by an officer &the Contractor as being exempt from the requirements of section A5-7 of Article V of the Suffolk County Code, the Contractor represents and warrants that it has filed with the Comptroller 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 !he Comptroller on or before the 31 st day of January in each year of the Contract's duration. The Contractor acknowledges that such filing is a material, contrscmal and statutory duty and that the failure to file such statement shall constitute a material breach oftbe Contract, for which the County shall be entitled, upon a determination that such breach has occurred, to damages, in addition to all other legal remedies, offlfieen percent (15%) of the amount of the Contract. Required Form: Suffolk County Form SCEX 22; entitled "Contractor's/Vendor's Public Disclosure Statemenf' Living Wage Law It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Chapter 347, of the Suffolk County Code. This Contract 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 the Contract and to seek other remedies as set forth therein, for violations of this 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 (Contrac0" Suffolk County Living Wage Form LW-38; entitled "Suffolk County Department &Labor- Living Wage Unit Living Wage Certification/Declaration - Subject To Audit" E6 of 8 Use of County Resources to Interfere with Collective Bargaining Activities It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Chapter 466 of the Suffolk County Code. County Contractors (as defined by section 466-2) shall comply with all requirements of Chapter 466 of the Suffolk County Code, including the following prohibitions: a. The Contractor shall not use County funds to assist, promote, or deter union organizing. b. No County funds shall be used to reimburse the Contractor for any costs incurred to assist, promote, or deter union organizing. c. The Contractor shall not use County funds to assist, promote, or deter union organizing. d. No employer shall use County property to hold a meeting with employees or supervisors if the purpose of such meeting is to assist, promote, or deter union organizing. If the Services are performed on County property, the Contractor must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, non- intimidation agreement, and a majority authorization card agreemant. If the Services are for the provision of human services and are not to be performed on County property, the Contractor must adopt, at the least, a neutrality agreement. Under the provisions of Chapter 466, the County shall have the authority, under appropriate cimumstances, to terminate the Contract 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 Cestification/Deelaration - Subject to Audit." Lawful Hiring of Employees Law It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Chapter 234 of the Suffolk County Code. This Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk. 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 La~ No. 10-SH-021 Operation Shield 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 employeas (es defined) and with respect to the alien and nationality status of the owners thereof. The affidavit shall be executed by an authorized representative of the covered employer or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement with the County; and shall be made available to the public upon request. All contractors and subcontractors (as defined) of covered employers, and the owners thereof, as the case may be, that are assigned to perform work in connection with a County contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit to the covered employer a completed sworn affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as the case may be. The affidavit shall be executed by an authorized representative of the contractor, subcontractor, or owner, as thc case may be; shall be part of any executed contract, subcontract, license agrenment, 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 ench year for the duration of any contract and upon the renewal or amendment of the contract, and whenever a new contractor or subcontractor is hired under the terms of the contract. The Contractor acknowledges that such filings arc a material, contractual and statutory duty and that the failure to file any such statement shall constitute a material breach of the Contract. Under the provisions of the Lawful Hiring of Employees Law, the County shall have the authority to terminate the Contract for violations of this Law and to seek other remedies available under the law. The documentation mandated to be kept by this law shall at all times be kept on site. Employee sign-in sheets and register/log books shall be kept on site at all times during working hours and all covered employees, as defined in the law, shall be required to sign such sign-in sheets/register/log books to indicate their presence on the site during such working hours. Required Forms: Suffolk County Law~l Hiring of Employees Law Form E7 of 8 8o LHE-I; 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. Sectiofi 1324a With Respect To Lawful Hiring Of Employees" Form LHE-2. Gratuities It shall be the duty oftbe Contractor to read, become familiar with, and comply with the requirements of Chapter 386 of the Suffolk County Code. The Contractor represents and warrants that it has not offered or given any gratuity to any official, employee or igent of the County or the 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 emending of an ogre~nent or the making of any determinations with respect to the performance of an agreement. Prohibition Against Contracting with Corporations that Relncorporate Overseas It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of sections A4-13 and A4-14 of Article IV of the Suffolk County Code. The Contractor represents that it is in compliance with sections A4-13 and A4-14 of Article IV of the Suffolk County Code. 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 reincorpomted outside the U.S.A. Child Sexual Abuse Reporting Policy It shall be the duty of the Contractor to rend, become familiar with, and comply with the requirements of Article IV of Chapter 577 of the Suffolk County Code. The Contractor shall comply with Article IV of Chapter 577, of the Suffolk County Code, entitled "Child Sexual Abuse Reporting Policy," as now in effect or emended hereafter or of any other Suffolk County local law that may become applicable during the term of the Contract with regard to child sexual abuse reporting policy. Non Responsible Bidder It shall be thc duty of the Contractor to read, become familiar with, and comply with the requirements of Article Il of Chapter 143 oftbe Suffolk County Code. Upon signing the Contract, the Contractor certifies that it has not been convicted of a criminal offense within the last ten (10) years. The term "conviction" shall mean a finding ofgnilty after a trial or a plea of guilty to an offense Lav~ No. 10-SH-021 Operation Shield covered under the provision of section 143-5 of the Suffolk County Code under "Nonresponsible Bidder." Use of Funds in Prosecution of Civil Actions Prohibited It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of section 590-3 of Article III of Chapter 590 of the Suffolk County Code. Thc Contractor shall not use any oftbe moneys, in part or in whole, and either directly or indirectly, received under the Contract in connection with the prosecution of any civil action against the County in any jurisdiction or any judicial or administrative forum. 10. Youth Sports In accordance with Local Law No. 44-2009, (Suffolk County Code Chapter ), all contract agencies that conduct youth sports programs are required to develop and maintain a written plan or policy addressing incidents of possible or actual concussion or other head injuries among sports program participants. Such plan or policy must be submitted prior to the award of the County contract, grant or funding. Receipt of such plan or policy by the County does not represent approval or endorsement of any such plan or policy, nor shall the County be subject to any liability in connection with any such plan or policy. 11. Suffolk County Local Laws Webalte Address Suffolk County Local Laws, Rules end Regulations can be found on the Suffolk County website at htto://www.co.suffolk.ny.us. End of Text for Exhibit 2 E8of8 Suffolk County Form SCEX 22 Contrector'e/Vendor's Public Disclosure Statement Pursuant to Section A5-7 of the Suffolk County Administrative Code, this Public Disclosure Statement must be completed byall contractors/vendors that havea contract with Suffolk County. In the event contrectorlvendor ia exempt from completing paragraphs numbered I through 11 below, so Indicate at paregreph number 12 below setting forth the reason for such exemption. Notwithstanding such exempt status, you must execute this form below before a notary public. 1. ' Contractor's/Vendor's Name; Town of Southold Address: 59035 Main Road, ~ ~. d~x -/(~ ? Cityand State: Southold~ New York 2. Contracting Department's Name: ' '* Address: ' .. ' ·. :3. Payee Identification or Social S~curit'y No?. ' ' 4, Type of Business: Corporation Partnership Sole Proprietorship Other 6.a Is contractor/vendor entering into or has contraCtOr/vendor entered into a contract with Suffolk County in excess of $1,0007 __Ye~ No. · 6.b Has contractor/vendor entered into three or more contracts, including the one for which you * are'now completing this form, with Suffolk County, any three of which, when combined, exceed $1,0007 Yes . No. If you answered yes to either part li.a or $,b, you must complete parts 6 through 9. In any event you must complete Items 10 and 13. 6. Table of Organization. List names and addresses of all principals; that is, all individuals sewing 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 wh.o is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary). Zip Code: ~ ]97 I'~O~J"~ 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 als. o an officer or an employee, of Suffolk County. (Attach additional sheet if necessary). 8. Does contractor/vendor derive 50% or more Of its total revenues from its contractual or vend0'r' 10. 1t. relationship with Suffolk County? Yes No. ' If you answered yes to 8 above, you must submit with this disclosure statement, a complete financial statement listing all assets and liabilities as well as a profit and loss statement. These statements must be certified by a Certified Public Accountant. (Strike this out if not applicable.) The undersigned shall include this Contractor's/Vendor's Public Disclosure Statement with the contract. (Describe general nature of the contract,) Remedies. The failure to file a verified public disclos'ure statemen't 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 ofthe Uniform Commercial Code of the State of New York. In addition to all legal remedies, Suffolk County shall be entitled, upon a determination that a breach has occurred, to damages equal to fifteen percent (15%) of the amount of the contract. Page I of 2 t2. If you ara one of the entities listed below at a) through c) or you qualify under d) below, you ara exempt from completing paragraphs numbered 1 through 11 herain:- ~ a) Hospital .... b) Educational or governmental entities × c) Not-for-profit corporations d) Contracts providing for foster cara; family day-cara providers or child protective services Please check to the left side of the appropriate exemption. 13. Verification, This section must be signed by an officer or principal of the contractor/vendor authorized to sign for the company for the purpose of executing contracts. The undersigned being .sworn, affirms under the penalties of perjury, that ~he has raad and understood the foregoing statements and that they ara, to h is/he~:own~.e~/ledg~ true. ' Dated." /~[~0//0 'Signed: Printed Name of Signer: sc ot t,~u s se t [ Title of Signer:. Supervisor Name of Contractor/Vendor: -'/"-c~,~ ~ UNIFORM CERTIFICATE OF ACKNOWLEDGMENT (Within New York State) STATE OF NEW YORK) COUNTY OF J~FF~J<) ~ss.: On the ~ day of U~,-Y..~L~ in the year/.~o/obefore me, the undersigned, personally appeared <;'c,o-~ .,~ ,~,.,~:,%/[ personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les) and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which~l~e indivi~[ual(s) ~c,~tpd, exe~cuted the instrument, c.~,~x ~ ~. , NO. 01HY6189696 (slgna~ra and office of Individual taking acknowledgment) OUAU~ED IN SUFFOLK COUNTY COMMISSION F,.,v~IRES 06~0,20..~'"~ UNIFORM CERTIFICATE OF ACKNOWLEDGMENT (Without New York State) STATE OF ) COUNTY OF ) ss.: On the day of in the year 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 (ara) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les) and that by his/her/their signatura(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (signatura and office of individual taking acknowledgment) Page 2 of 2 SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT NOTICE OF APPLICATION FOR COUNTY COMPENSATION (Contract~ Living Wage Law, Suffolk County Code, Chapter 347 (2001) To Be Completed By Applicant/Employer/COntractor 1) NAME: 2) VENDOR #: 4) CONTACT: 6) ADDRESS: Town of Southold (lfknown) Carlisle Cochran 3) CONTRACT ID #: (If known) 5) TELEPHONE #: ?65-26o0 59035 Main ,Road~ ~.C). ~'r',~C.~ ['~ ? Southold, New York 11971 -O?~"~ 7) 8) 9) A1VIOUNT: $6,960.00 10) AWARDING AGENCY: TERM OF CONTRACT (DATES):. 6/1/10- 12/31/10 PROJECT NAME: ( IF DIFFERENT FROM #1) Operation Shield Office of Homeland Security 11) BRIEF DESCRIPTION OF PROJECT OR SERVICE: Maritime law enforcement focusing on foreign flagged vessels. 12) PROJECTED EMPLOYMENT NEEDS: (attach a statement listing, by job classification, the total workforce dedicated to performing this contract or service, including calculation of estimated net increase or decrease in jobs as a result of funding). 13)' PROJECTED WAGE LEVELS: (attach a statement listing projected wage levels, compensated days off and medical benefits for total workforce dedicated to full'filing the terms of this contract, broken down annually for each year of the term of the contrac0. LW- 1 (revised 4/05) 08/05/2010 13:39 FAX 631 765 2715 SotrrHOLD POLICE ~001 POLICE DEPARTMENT TOWN OF SOUTHOLD CA1LLISLE E. COCHRAN, JR, Chi~f qf Police Telepkone Emergency Dial 911 Suffolk County Departmem of Law Addendum to LW-1 Pc: Itera$12 and 13 The Southold Town Poline Department will participate in Operation Shield in the foltowin~ 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 current contract. The lowest hourly rate for a Bay Constable is $24,1207 with a minimum of 33,5 compensated days oft All participating Bay Constables receive a full medical benefit package, All wage/benefit information is on file and available for inspection at your request. 41405 Rnt, rc 25 · ?,0. Box 911 · P¢conic, N.Y. 11958 Adminlstradve (631 ) 765-2600/2601 * Fax (631 ) 765-2715 Check if applicable SUFFOLK COUNTY DEPARTMENT OF LABOR- LIVING W~4GE UNIT LIVING W,4GE CERTIFICATION/DECLARATION_ SUBJECT TO AUDIT If either of the following definitions of'compensation' (Living Wage Law Chapter 347- 2) applies to the cootractor'greciplent's busings or transaction with Suffolk County, the contractor/recipient must complete Sections I, 3, 4 below; and Form LW-1 (Notice of Application for County Compensation). If the following definitions do not spply, the contractor/recipient must complete Sections 2, 3 and 4 below. Completed forms must be submitted to the awarding agency. "Any grant, loan, tax incentive or abatement, bond financing subsidy or other form of compensation of more that $50,000 which is realized by or provided to an employer of at least ten (! 0) employees by or through the authority or approval of the County of Suffolk," or "Any service contract or subcontract let to a contractor with ten (10) or more employees by the County of Suffolk for the furnishing of services to or for the County of Suffolk (except contracts where services are incidenial to the delivery of products, equipment or commodities) which love{va an expenditure equal to or greater than $I0,000. For the purposes of this definition, the amount of expenditure for more than one contract for the same service shah be aggregated. A contract for the purchase or lease of goods, products, equipment, supplies or other property is not 'compensation' for the purposes of this definition." Section I The Living Wage Law applins to this contract. I/we hcrchy agren to comply with all the provisions of Suffolk County Local Law No. 12-200 I, the Suffolk County Living Wage Law (the Law) and, as such, will provide to all full, part-time or temporary employed persons who perform work or render services on or for a project, matter, contract or subcontract where this company has received compensation, from the County of Suffolk as defined in the Law (compensation) a wage rate of un less than $10.83 ($9.25 for child care providers) per hour worked with health beneflts,.as d~scribed in ihe Law, or otherwise $12.33 ($10.50 for child care providers) per hour or the rates as may be adjusted annually in accordance with the Law. (Chapter 347-3 B) l/we further agree that any tenant or leaseholder of this company that employs at least ten (10) persons and occupies property or uses equipment or property that is improved or d~veleped as a result of eompeasafion or any contractor or subcontractor of this company that employs at least ten (10) persons in producing or providing goods or services to this company that are used in the project or matter for which this company has received compensation shall comply with all the provisions of the Law, including those specified above. (Chapter 347-2) Section II The I/we further agree to permit access to work sites and relevant payroll records by authorized County representatives for the purpos~ of monitoring compliance with regulations under this Chapter of the Suffolk County Code, investigating employee complaints of noncompliance and evaluating the operation and effects of this Chapter, including the production for inspection & copying of payroll records for uny or all employees for the term of the contract or for five (5) years, whichever period of complianen is longer. All payroll and benefit records required by the County will be maintained for inspection for a similar period of time. (Chapter 34%? D) The County Depm~ment of Labor shall review the records of any Covered Employer at least once every three years to verify compliance with the provisions of the Law. (Chapter 347.-4 C) Living Wage Law does not apply to this contract for the following reason(s): Check if applicable Section IH Contractor Name: Contractor Address: Town of Southold 59035 Main Road/ ~.t~../~>~ ,/[~'~? Contractor Phone #: 7 6 5 - 2 6 0 0 Southold, New York 11971 Federal Employer ID#: Amount of compensation: Vendor #: I 1-600-1939 $6,960.00 Dascriptionofprojectorservice: Maritime law enforcement focusing on foreign flagged vessels. Section IV I declare under,~'~alty of perjury under the Laws of the State of New York that the undersigned is authorized to provide this certification, and that the a~o/is true an~rreet. [t~ [{ AuthorTze~"~iguature ~'-- -- ~ Date Scott/~Russe ll, Supervisor Print Name and Title of Authorized Representative LW 38 (revised 9/09) Suffolk County, New York Department of Labor SUFFOLK COUNTY DEPARTMENT OF LABOR- LABOR MEDIATION UNIT IJ'N'][ON ORGANIZING CERTIFICATION/DECLARATION-SUBJECT TO AUDIT If the following definition of "County Contractor" (Union Organizing Law Chapter 466-2) applies to the contrnctor's/beneflclary's business or transaction with Suffolk County, the contractor/beneficiary most complete Sections I, IH, 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~ubmltted to the awarding agency. County Contractor: "Any employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a writ~an 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 CounW reimbursement for services provided in any calendar year; or pursuant to a subcontract with an~' of the above." Section I  The Union Organizing Law applies to this Contract. I/we hereby agree to comply with all the provisions of Suffolk Cour~ty Local Law No. 26-2003, tho Suffolk CoUnty Union Organizing Law'(the law) and, as to the goods and/or services that are the subject of the contract with the County of Suffolk shall not uso County funds to assist, promote, Check if or deter union organizing (Chapter 466-3 A), nor seek reimbursement from the County for costs incurred to assist, Applicable promote, or deter union organizing. (Chapter 466-3 B) l/we further agree to take all action necessary to ensure that County funds are not used to assist, promote, or deter union organizing. (Chapter 466-3 H) I/we further agree that I/we will not use County proper~y to hold meetings to assist, promote, or deter union organizing. (Chapter 466.3E) I/we further agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are made, Fwe shall maintain records sufficient to show that no County funds were used for those expenditures and, as appli6able, that no reimbursement from County funds has been sought for such costs. I/we agree that such records shall be made available to the pertinent County agency or authority, the County Comptroller, or the County Department of Law upon request. (Chapter 466-3 I) I/we further affirm to the following as to the goods and/or services that are the subject of the contract with tho County of Suffolk: · I/we will not express to employees any false or misleading information that is intended to influence the determination of employee preferences regarding union representation; · I/we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining representative; · 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 I~mit disruptions caused by prerecognition labor disputes through the adoption of nonconfrontational procedures for the resolution of prerecognitiun labor disputes with employees engaged in the production of goeds or the readnring 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. Section H Check if Applicable Thc Union Organizing Law does not apply to this contract for the following reason(s): Contractor wJ_11 not receive more than $50,000.00 in County funds. DOL-LOt 0/5/08) Suffolk County, New York Department of Labor Section III Contractor Name: Contractor Address: Contractor Phone #: Town of Southold 59035 Main Roa~ ~oO:~g~- Southold, New York 1~971 765-2600 Federal Employcr ID#: I 1-600-1939 Amount of Assistance: $6 ~ 960.00 V~ndor #: Maritime law enforcement focusing on foreign flagged vessels. Description of project or service: Section IV In the event any pa~ of the Union Organizing Law, Chapter 466 of the Laws of Suffolk County, is found by a, ceurt of competent jurisdiction to be preempted by federal and/or state law, this certification/declaration shall be void ab initio. Section V I declare und~.,penalty of perjury under the Laws of the State of New York that the undersigned is authorized to provide this o(o ., Autho~'z~ignatu~ ' ' Date Scott Russell, Supervisor Print Name and Title of Authorized R~presen~ative DOL-LO1 (3/$/08) 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 Suffolk Count~ Coder Cha~ter 234 ~2006~ To Be Completed By Applicant/Covered Employer#Owner EMPLOYER/CORPJBUSINESS/COMPANYNAME: Town of $outhold 1) ADDRESS: 59035 Main Road/ P-O. ~)X ~/~ ? $outhold, New York 11971 wO ~f-? 2) NOT-FOR-PROFIT: YES x NO__ (SUBMIT pROOF OF IRS NOT-FOR-PROFIT STATUS) 3) VENDOR #: 4) **CONTRACT ID: (If known) (If known) 5) CONTACT: Carlisle Cochran 6) TELEPHONE #: 765-2600 7) TEILM OF CONTRACT OR EXTENSION (PROVIDE DATES): 6/1/10-12/31/I0 8) AMOUNT OF CONTRACT OR EXTENSION: $6,960.00 9) BRIEF DESCRIPTION OF PROJECT OR SERVICE Mar it ime law en for cement focus lng on foreign flagged vessels. SUBCONTRACTOR: 1) ADDRESS: 2) VENDOI~: 3) TELEPHONE #: 4) CONTACT: 5) DESCRIPTION OF COMPENSATION, PROJECT OR SERVICE: EVIDENCE OF COMPLIANCE: COPIES OF THE FOLLOWING MUST BE MAINTAINED BY COVERED EMPLOYERS OR THE OWNERS THEREOF FOR EACH EMPLOYEE FOR THE TIME PERIODS SET FORTH IN SUFFOLK COUNTY CODE, CHAPTER 234, SECTION 5 (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 individual; and (2)a social security account unmber 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 os an H-lB visa, H-2B visa, and L-1 visa, or other work visa as may be authorized by the United States Government at the time the County contract is awarded for all covered employees. LHE-1 (03/07) AFFIDAVIT OF COMPLIANCE WITH THE REQUIREMENTS OF 8 U.S.C. SECTION 1324a WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES State of New York ) ss: Count),of Suffolk ) Scott Russell (Print Name of Deponent) , being duly sworn, deposed and says: 1. I am owner/authorized representative of Town of Southold (Circle one) (Name of Corp., Business, Company) 2. I certify that I have complied, in good faith, with the requirements of Title 8 of thc United States Code (U.S.C.) section 1324a (Aliens and Nationality) with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as set forth in Suffolk County Code Chapter 234 (2006). Sworn to before me this~ day CAROL HYDELL NOTARY PUBLIC - STATE OF NEW YORK NO. 01 HY6189695 QUALIFfED IN SUFFOLK COUN'F~-- COMMISSION EXPIRES 06/30/20.~L~,].~ LHE-2 (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: August 6, 2010 TO: Michael P. Sharkey, Chief of Staff, S.C. Office of the Sheriff FROM: ~/~d9 Rosenberg, Director of Living Wage Compliance Unit TELEPH~NEI~ [}'""#: 853-2063 VENDOR #: 11-6001939 REF.: Maritime Law Enforcement 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 SUFFOLK COUNTY DEPARTMENT OF LABOR NOTICE OF APPLICATION TO CERTIFY COMPLIANCE WITH FEDERAL LAW (8 U.S.C. SE(~TION 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: Au[ust 6. 2010 TO: Michael P. Sharkey~ Chief of Staff, S. C. Office of the Sheriff FROM: B~a Rosenberg, Director TELEPH~N~EV#~ 853-5630 EMPLOYER: Town of Southold VENDOR #: 11-6001939 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 Lawful Hiring of Employees Law (Local Law #52-2006),. LHE-3 (01/07)