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HomeMy WebLinkAboutEmergency GeneratorRESOLUTION 2011-524 ADOPTED DOC ID: 6999 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-524 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 19, 2011: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Interagenc¥ Contract with the Coun .ty of Suffolk through its duly constituted Department of Fire~ Rescue and Emergency Services and the Town of Southold for the provision of an emergency generator for the Town of Southold at no cost to the Town, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS} MOVER: William Ruland, Councilman SECONDER: Vincem Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell JOSEPH F. WILLIAMS COMMISSIONER JOHN M. SEARING, PE DEPUTY COMMISSIONER COUNTY OFSUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE EDWARD K. SPRINGER CHIEF FIRE MARSHAL EDWARD C, SCHNEYER DIRECTOR OF EMERGENCY pREPAREDNESS TO: FROM: DATE: SUBJECT: Carlisle Cochran, Jr., Emergency Manager, Town of Southold Edward C. Schneyer, Director of Emergency Preparedness June 27, 2011 Town of Southold Disaster Preparedness - Generator Contract Please find enclosed four (4) originals of the above mentioned renewal contract. Please sign and return all four (4) originals back to us for completion of the execution process. When your contract is fully executed, a signed original will be sent to you for your records. Please also complete one (1) original of the following three forms: Contractor's/Vendor's Public Disclosure Statement SCEX Form 22. Please sign one (1) original and have it notarized. Union Organizing Certification/Declaration Form DOL-L01. Please complete Section II of the form, confirming that the Union Organizing Law does not apply to this contract for the following reason: No Cost Agreement for Disaster Preparedness Services. Please sign and date one original. Living Wage Form LW-38. Please complete Section II of the form, confirming that the Living Wage Law does not apply to this contract for the following reason: No Cost Agreement for Disaster PreparedneSs Services. Please sign and date one original. Please return the four signed contracts and the three completed forms to: Ruth Paladino Suffolk County FRES PO Box 127 Yaphank, NY 11980 If you have any questions, please do not hesitate to call me at (631) 852-4900. nagement PO BOX 127-yAPHANK AVENUE yAPHANK, NEW YORK 119800127 COMMISSIONER'S OFFICE: FIRE MARSHAL'S OFFICE: EMERGENCY MGMT OFFICE: COMM. CENTER (24-HOUR); FAX: (631) 852-4850 (631) 6524855 (631) 652-4900 (631) 662-461~ (631) 852-4861 Rev. 6/23/11; Law No. 16-FS-014 Disaster Preparedness/Shelters- Use of County-Owned Generator for the Residents of Southold lnteragency Contract Suffolk County Department of Fire, Rescue and Emergency Services and the Town of Southold This Contract ("Contract") is between the County of Suffolk ("County"), a municipal corporation of the State of New York, acting through its duly constituted Department of Fire, Rescue and Emergency Services ("Department" and/or "FRES'), located at Yaphank Avenue, Yaphank, New York 11980, and the Town of Southold ("Contractor"), a municipal corporation, having its principal office at PO box 1179, Southold, NY 11971. The parties hereto desire that the Contractor's services be made available to the County to help assure for disaster preparedness. The parties hereto agree that the Town of Southoid shall be assigned, maintain, and agree to keep in good working condition a 25 kV/20 kW generator, owned by the County of Suffolk, in the event of a declared disaster or emergency, in order to provide temporary power to the residents of Southold. Term of Contract: June 1, 2011 through May 31,2016. Total Cost of Contract: Shall be a no-cost contract to FRES. Terms and Conditions: Shall be as set forth in Exhibit A entitled "Specific Terms and Conditions" and Exhibit B entitled "General Terms and Conditions" attached and incorporated herein. In Witnes~ Whereof, the parties hereto have executed this Contract as of the latest date written below. Town of Southold Town Supervi§or Date: County of Suffolk By: Name: Deputy County Executive Date: Reviewed and Approved: Approved: Department of Fire Rescue & Emergency Sves. By: Name: Town Attorney Date: Approved as to Legality: Christine Malafi, Suffolk County Attorney By: Date: Joseph F. Williams Commissioner Recommended: By: Cynthia Kay Parry Assistant County Attorney By: Edward C, Schneyer Director of Emergency Preparedness Date: Date: lgilllllllllfi Pa.e o-- 0009902 Rev. 6/23/11; Law No. 16-FS-014 Disaster Preparedness/Shelters - Use of County-Owned Generator for the Residents of Southold Exhibit A Specific Terms and Conditions Performance Subject to Condition a. Pursuant to Article 2-B of the New York State Executive Law entitled Disaster Preparedness, the County, as the first line of defense in times of disaster has developed disaster preparedness programs and plans. b. "Disaster" means the occurrence or imminent throat of wide spread or severe damage, injury, or loss of life or property resulting from any natural or man-made causes, including, but not limited to, fire, flood, earthquake, hurricane, tornado, high water, landslide, mudslide, wind, storm, wave action, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, radiological accident, water contamination, bridge failure or bridge collapse; c. The County's disaster preparedness plans, organizational arrangements, and response capability must at all times be the most effective that current circumstances and existing resources allow. The purpose of such plans shall be to minimize the effect of disasters by (i) identifying appropriate local measures to prevent and mitigate disasters, (ii) developing mechanisms to coordinate the use of local resources and manpower for service prior to, during and after disasters and the delivery of services to aid citizens and reduce human suffering resulting from a disaster: and (iii) providing for recovery and redevelopment at~er disasters. In order to execute such plans during, or at imminent threat of disaster, the County must ensure that all resources necessary and required for such implementation are readily available to it. d. Performance of this Contract is contingent on the occurrence of a disaster, as this term is defined herein and by New York State Executive Law Article 2-B. Such condition shall be deemed in effect immediately upon the declaration of a state of emergency by the Suffolk County Executive, or in the event of a vacancy in this office, by the Chief Deputy County Executive or the Deputy County Executive designated to perform the administrative duties of the County Executive during his temporary absence or disability. Requirements Contract The parties agree that this is a Requirements Contract and: The FRES Commissioner is responsible for the coordination of emergency preparedness plans and the County's response to natural or manmade disasters or emergencies; and FRES requires and needs to guarantee the services of the Town of Southold as contractor to provide, maintain, and repair as necessary, a 25 kVA/20 kW, # 2 diesel fuel powered, sound attenuated trailer-. mounted generator, in the event of a declared disaster or emergency, to provide temporary power services to the residents of the Town of Southold; and This Contract is to assure that the County, as the first line of defense in the minimization of the adverse effects to the people and property of Suffolk County in the event of a declared state of emergency and in the recovery and redevelopment efforts following disasters, receives all the services described herein, to be made available by the Contractor to the County prior to the Contractor's provision of such services to other entities, so that the County may accomplish the foregoing. Page 2 of 9 Rev. 6/23/11; Law No. 16-FS-014 Disaster Preparedness/Shelters - Use of County-Owned Generator for the Residents of Southold Term and Termination a. The term of this Contract shall be as set forth on page one of this Contract, unless sooner terminated as provided below. b. Performance of the services as set forth in this Contract shall commence as of the date of a declared state of emergency set forth in paragraph one above and a determination by the County that the services of the Contractor are necessary to execute the County's emergency preparedness plans. The parties acknowledge that them may be one or mom declared states of emergency during the term of this Contract. e. This Contract 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 Contract. The County shall also have the right to terminate this Contract at any time and for any reason deemed to be in its best interest. Town of Southold Responsibilities a. The Town of Southold shall test said generator and conduct the maintenance on a regular basis in order to ensure generator is in good working condition and to provide continued temporary emergency power to a designated shelter in Southold in the event oftbe occurrence ora declared disaster or emergency, and for drills and exercises as mutually agreed upon; and any other facilities as mutually agreed upon by the parties. b. The Town of Southold shall make provisions to store and secure said generator at the following location(s) or such other locations as the parties may agree upon in writing: PO Box 1179 Southold, NY The Town of Southold shall pay for the usage of fuel required to power said generator. The Town of Southold shall transport said generator from location designated in paragraph 4(c), to include initial delivery and warranty and repair work as needed, at no cost to Suffolk County. The Town of Southold shall pay for expenses incurred during the repair of the generator unit after expiration of the unit's warranty. The Town of Southold shall keep and maintain all maintenance records and all records of any repair work performed with the said generator and send a copy to FRES. The Town of Southold shall secure and maintain all related accessories, such as extension cords, that are assigned with the said generator unit. The Town of Southold understands that this equipment can be recalled at any time, as seen necessary by the County Executive, designee, Commissioner of Fire, Rescue and Emergency Services or designee. Page 3 of 9 Rev. 6/23/11; Law No. 16-FS-014 Disaster Preparedness/Shelters - Use of County-Owned Generator for the Residents of Southold FRES Responsibilities a. FRES will coordinate the delivery of said generator and all related accessories with the Town of Southold. b. FRES will ensure said generator unit is fleeted and properly marked by the Suffolk County Department of Public Works prior to delivery to the Town of Southold. 6. Notices Notice of Declared State of Emergency While best efforts will be made by the County to provide written notice to the Contractor of a declaration of a state of emergency, the panics understand that the unpredictable nature of disasters may prevent such formal notification. In the event that such notification is not possible, notification by telephone or messenger or other reasonable means to the individual(s) listed below will ser~e as adequate notice. Mr. Scott Russell Town Supervisor Town of Southold PO Box 1179 Southold, NY 11971 All Other Notices All other notices shall be in writing and shall be given to the County as set forth in Exhibit B, entitled General Terms and Conditions. Notification to the Contractor shall be made to: Carlisle Cochran, Jr. Deputy Emergency Manager PO Box 911 Peconic, NY 11958 With an additional copy to: Mr. Scott Russell Town Supervisor Town of Southold PO Box 1179 Southold, NY 11971 Each party shall give prompt written notice to the other party of the appointment of successor(s) to the designated contact person(s) or his or her designated successor(s). End of text for Exhibit A Page 4 of 9 Disaster Preparedness/Shelters - Rev. 6/23/11; Law No. 16-FS- Exhibit B General Terms and Conditions Exhibit B General Terms and Conditions Indemnification and Defense The Contractor shall pmtact, 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 caused by the negligence or any acts or omissions of the Contractor, including reimbursement of the cost of reasonable atlornsys' fees inenrmd by the County, its agents, servants, officials, and employees in any action or pmencding arising out of, or in connection with, the Contract. The Contractor hereby represents and warrants that it will not infringe upon any copyright in performing the Services. The Contractor agrees that it shall pmtoct, indemnify, and hold harmless thc 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 infringement of enpyright, including reimbursement of thc cost of reasonable attorneys' fees incurred by the County, its agents, servants, officials, and employees in any action or proceeding arising out of or in connection with any claim asseacd for infringement ofenpyright. co The Contractor shall defend the County, its agents, servants, officials, and employees in any proceeding or action, including appeals, arising out of, or in connection with, the Contract, and any copyright infringement proceeding or action. At the County's option, the County may defend any such proceeding or action and require the Contractor to pay reasonable attorneys' fees of salary costs of County employees of the Department of Law for the defense of any such suit. Thc Contractor shall continuously maintain, during thc Term of the Contract, insurance in amounts and types as follows: i.) Commercial General Liability insurance, including contractual liability coverage, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily injury and Two Million Dollars ($2,000,000.00) per occurrence for property damage. The County shall be named an additional insured. 5 of 9 pages do eo ii.) Automobile Liability insurance (if any vehicles are used by the Contrsetor in the performance of thc 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 occurmnre. iii.) Workers' Compensation and Employer's Liability insurance in compliance with all applicable Ncw York State laws and regulations and Disability Benefits insurance, if required by law. The Contractor shall thmish to the County, prior to its execution of the Contract, thc documentation required by the Slate 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 § !08, thc Contract shall be void and of no effect unless the Contractor shall provide and maintain covcrng¢ during the Term for thc benefit of such employees as arc required to be covered by thc provisions of thc Workers' Compensation Law. The County may mandate an increase in the liability limits set forth in the irnmcdiately preceding paragraphs (4)(a)(i) and (ii). All policies providing such envcragc shall be issucd by insuranco companies authorized to do bnsincss in New York with an A.M. Best rating of A- or better. The Contractor shall furnish to the County, prior to the cxccutinn of thc Contract, declaration pages for each policy of insurance, other than a policy for commercial general liability insurance, and upon demand, a true and certified original copy of each such policy cvidenclng compliance with thc aforesaid insurance requirements. In the case of commercial general liability insurance, thc Contractor shall furnish to thc County, prior to thc execution of the Contract, a declaration page or insuring agrecmunt and endorsement page cvidenclag thc County's status ~s an additional insured on said policy, and upon demand, a true and certified original copy of such policy evidencing compliance with thc aforesaid insurance requirements. All evidence of insurance shall pmvidc for the County to be notified in writing thirty (30) days prior to any cancellation, nonrencwal, or material change in the policy to which such evidence relates. It shall be the duty of the Contractor to Disaster Preparedness/Shelter~- Rev. 6/23/11; Law No. 16-FS- Exhibit B General Terms and Conditions notify the County immediately of any cancellation, nonrenewal, or material change in uny insurance policy. f. In the event the Contractor shall fail to provide evidence of iusurance, the County may provide the insurance required in such manner as the County deems appropriate and deduct the cost thereof from a Fund Source. g. If the Conmictor is a municipal corporation and has a salf-insm'ance program under which it acts as a self-insurer for any ofsoch required coverage, the Conlractor shall provide proof, acceptable to the County, of self-funded coverege. Independent Contractor The Contractor is not, and shell uever be, considered an employee of the County for any purpose. Notwithstanding unything contained in this Contract, the Contract shell not be construed as creating a principal-agent relationship between the County and the Contrector or thc Contractor and thc County, as thc case may be. geverability It is expressly agreed thet if uny term or provision of this Contract, or the application thereof to any person or cireumstunce, shall he held invalid or unenforceable to uny extent, the remainder of the Contract, or the application of such term or provision to persons or cimumstances 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. 10. Merger; No Oral Changes It is expressly agreed that the Contract represents the entire agreement of the 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. 6. Governing Law The Contract shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to conflict of laws. Venue shell be designated in the Supreme Court, Suffolk County, the United States District Court for the Eastern District of New York, or, if appropriate, a eoua of inferior jufiadiction in Suffolk County. 11. Cooperation on Claims The Contractor and the County shall render diligently to each other, without compensation, any and all cooperation that may be required to defend the other party, its 6 of 9 pages 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. No Intended Third Party Beneficiaries The Contract is entered into solely for thc benefit of the County and the Contractor. No third party shall be deemed a becefieiary of the Contract and no third party shall have the fight to make any claim or assert uny right under the Contract. Notice Unless otherwise expressly provided, all notices shall be in writing and shall be deemed sufficiently given if sect by regular first class mail and certified mail, or personally delivered during business hours as follows: I.) to the Contractor at the address on page I of the Contract and 2.) to the County at the Department, or as to either oftbe foregoing, to such other address as the addressee shall have indicated by prior written notice to the addrussor. All notices received by the Contractor relating to n legal claim shall he immediately sent to the Department and also to the County Attorney at H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100, (Sixth Floo0, Hauppauge, New York, 117884099. Audit Requirements: All payments made under this Agreement ave subject to audit by the Suffolk County Comptroller pursuant to Article V of the Suffolk County Charter. If the Contractor fails to cooperate with an audit by the Comptroller, the County shall have the right to suspend or partially withhold payments or tequhe the repayment of amounts paid under this Agreement or under any other agreement between the patties until such cooperation is forthcoming. If such un audit discloses overpayments by the County to the Contractor, within thirty (30) days alter the issuance of an official andit vepen by the Comptroller or his duly designated representatives, the Contractor shall repay the amount of suab overpayment by check to the order oftbe Suffolk County Treasurer or shall submit a proposed plan of repaymunt to the Comptroller. lfthere is no response or if satisfactory repayments are not made, the County may recoup overpayments from any amounts due or becoming due to the Contractor from the County under this Agreement or otherwise. The provisions of this paragraph shall survive the expiration or termination of the Agreement. Contractor's/Vendor's Public Disclosure Statement It shell be the duty of the Contractor to read, become familiar with, and comply with the requirements of section A5-7 of Article V oftbe Suffolk County Code. Unless certified by an officer of the Con~ctor 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 Disaster Preparedness/Shelters - Rev. 6/23/11; Law No. 16-FS- Exhibit B General Terms and Conditions 12. 13. public disclosure statement required by Suffolk County Administrative Code Article V, Section A5-7 end shall file en update of such statement with the Comptroller on or before the 31st day of Jenuary in each year oftbe Contract's duration. The Contractor acknowledges that such filing is a material, contractual and statutory duty and that the failure to file such statement shall constitute a material breach oftbe Contract, for which the County shall be entitled, upon a determination that such breach has occurred, to damages, in addition to all other lagal remedies, of fifteen percent (15%) oftbe amount of the Contract. Required Form: Suffolk County Form SCEX 22; entitled "Contractor's/Vendor's Public Disclosure Statement" Living Wage Law It shall be the duty of the Contrac~r to read, become familiar with, end comply with the requirements of Chapter 347, oftha Suffolk County Code. This Contract is subject to the Living Wage Law of thc County of Suffolk. The law requires that, unless specific exemptions apply, all employers (as defined) under service contracts end recipients of County finencial 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 pursuent to the terms of the Suffolk County Living Wage Law oftha County of Suffolk. Under the pmvisiuns of the Living Wage Law, thc County shall have the authority, under appropriate circumstences, to terminate thc Contract end to seek other remedies as set forth therein, for violations of this Law. Required Forms: Suffolk County Living Wage Form LW-I; entitled "Suffolk County Department of Labor- Living Wage Unit Notice of Application for County Compensation (Contract)." Suffolk County Living Wage Form LW-3$; entitled "Suffolk County Depaflment of Labor - Living Wage Unit Living Wage Ccrtificationfl)eelamtion - Subject To Audit." Use of CouuW Resources to Interfere with Collective Bargaining Activities It shall be the duty of the Contractor to read, become familiar with, end comply with the requirements of Chapter 466 oftbe 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: n. Tho Contractor shall not usc County funds to essist promote, or deter union organizing. b. No County funds shall be used to reimburse the Contractor for uny costs incurred to assist, promote, or deter union orgenizing. e. No employer shall use County property to hold a meeting with employees or supervisors iftbe purpose of such meeting is to assist, promote, or deter union organizing. If the Services are performed on County properly, the Contractor must adapt a reasonable ~cess agreement, a neutrality agreement, fair communication agreement, non- intimidation agreement, end a majority authorization card agreement. lftbe Services ate for the provision of hamen services end am not to be performed on County property, the Contractor must adopt, at the least, a neutrality agreement. Under the provisions of Chaptur 466, the County shall have the authority, under appropriate eireumsUmcos, to terminate the Contract and to seek other remedies as set forth therein, for violations of this Law. Reqairad Form: Suffolk County Labor Law Form DOL-LOI; entitled "Suffolk County Department of Labor - Labor Mediation Unit Union Organizing Certificntion/Deelaration - Subject to Audit." 14. Lawful Hiring of Employees Law It shall be the duty oftbe 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 oftbe County of Suffolk. It provides that all covered employers, (as defined), end the owners thereof, as the case may be, that are reeipicots of eompansation from the County through eny grant, loan, subsidy, funding, appropriation, payment, tax ineentlve, contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or an awarding agency, where such compensation is one hundred poment (100%) funded by the County, shall submit a~ completed sworn affidavit (under penalty of perjmy), the form of which is ntmcbed, ccrtifyfug 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 (es defined) and with respect to the alien and nationality status of the owners thereof. The affidavit shall be executed by en authorized representative oftbe covered employer or owner, as the case may be; shall be part ofeny executed contsaet, subcontract, license agreement, lease or other financial compensation agreement with the County; end shall be made available to the public upon request. All contractors and subcontractors (as defined) of covered employers, and thc owncrs thereof, as th~ case may be, that are assigned to perform work in connection with a County contract, subcontract, license agreemont, lease or other finencial 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 7 of 9 pages Disaster Preparedness/Shelters - Rev. 6/23/11; Law No. 16-FS- Exhibit B General Terms and Conditions 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 g of the United States Code Section 1324a with respect to the hiring of covered employees and with respect to the alien and nationality status oftbe 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 can~act, subcontract, license agreement, lease or other financial compensation agreemant 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 ten'ns of the Contract. The Contractor acknowledges that such filings am 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 thc Contract for violations ofthls 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 empioyces, 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 Lawful Hiring of Employees Law Form I~tE- 1; entitlad "Suffolk County Department of Labor - Notice Of Application To Certify Compliance With Federal Law (8 U.S.C. SECTION 1324a) With Respect To Lawful Hmag of Employees. "Affidavit Of Complianco With The Requi~emcots Of 8 U.S.C. Section 1324a With Respect To Lawful Hiring Of Employees" Form LHE-2. 1S. Gratuities It shall be the duty of the 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 agent oftbe County or the State or of any political party, with the purpose or intent of secoring an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an 16. 17. lC. 19. 8 of 9 pages prohibition Against Contracting with Corporations that Reincorporata 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 oftbe 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 relncorporated outside the U.S.A- Child Sexual Abuse Reporting Policy It shall be the duty oftbe Contractor to read, 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 amended hereafter or of any other Suffolk County Local Law that may become applicable during thc term of*he Contract with regard to child sexual abuse reporting policy. Non Responsible Bidder It shall be the duty oftbe Contractor to read, become familiar with, and comply with the requirements of Article II of Chaptar 143 of the Suffolk County Code. Upon signing the Contact, the Contractur certifies that it has not been convicted cfa criminal offense within the last ten (10) years. The term "conviction" shall mean a finding of gnilty after a trial or a plea of gnilty to an offense covered under the provision ofsectlon 143-5 of the Suffolk County Code under "Nonrespenalblc Bidder." Use of Funds in Prosecution of Civil Actions Prohibited It shall be the duty oftbe 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. The Conttactur shall not use any oftbe moneys, in pm or in whole, and either directly or indirectly, received under the Contract in connection with the prosacution of any civil action against the County in any jurisdiction or any judicial or administrative forum. Disaster Preparedness/Shelters - Rev. 6/23/11; Law No. 16-FS- Exhibit B General Terms and Conditions 20. Suffolk County Local Laws Website Address Suffolk County Local Laws, Rules and Regulations can be accessed on the Suffolk County website by following the County's Ez link to the Laws of Suffolk County. Forms Attached Public Disclosure - Form Attached Union Certification - Form Attached Living Wage - Labor Department Memo Attached Lawful Hiring - Labor Department Memo Attached End of Exhibit B 9 of 9 pages Suffolk County Form 22 Contractor's/Vendor's Public Disclosure Statement Pursuant to Section A5-7 of the Suffolk County Administrative Code, this Public Disclosure Statement must be completed by all contractors/vendors that have a contract with Suffolk County, with the exception of hospitals; educational or governmental entities; not-for-profit corporations; and contracts providing foster care, family day care i~roviders, or el~ild p~otective services. 1. Contractor's/Vendor'sName -~x)~ o~ ,~o 64-f"/~(J City and State .~c4ff-]Xofc[ /~Y .zip Code (( Contracting Department's Name Address 5.b Payee Identification or Social Security No. Type o f Business__Corpomtion.__Partnership Sole Pmprietorship~Other Is contrantor/vendor entering into or has contractor/vendor entered into a contract with Suffolk County in excess of $1,0007 Yes No. Has contractor/vendor entered into three or more contracts, including the one for which you are now completing this form, with Suffolk County, any three of which, when combined, exceed $1,0007 Yes No. Table of Organization. List names and addresses of all principals; that is, all individuals serving on the Board of Directors or comparable body, names and addresses of all partners, and names and addresses of all corporate officers. Conspicuously identify any person in this table of organization who is also an officer oran employee of Suffolk County. (Attach additional sheet if necessary.) List all names and addresses of those individual shareholders holding more than five percent (5%) interest in the contractor/vendor. Conspicuously identify any shareholder who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary). Page 1 of 3 Public Disclosure Form 10. Does contractor/vendor derive 50% or more of its total revenues from its contractual or vendor relationship with Suffolk County?. Yes No. If you answered yes to 8 above, you must submit with this disclosure statement, a complete financial statement listing all assets and liabilities as well as a profit and loss statement. These statements must be certified by a Certified Public Accountant. (Strike this out if not applicable.) The undersigned shall include this Contractor's/Vendor's Public Disclosure Statement with the contract. (Describe general nature of the contract.). 11. Remedies. The failure to file a verified public disclosure statement as required under local law shall consti~te a material breach of contract. Suffolk County may resort, use or employ any remedies contained in Article II of the Uniform Commercial Code of the State of New York. In addition to all legal remedies, Suflblk County shall be entitled, upon a determination that a breach has occurred, to damages equal to fifteen percent (15%) of the amount of the contract. 12. 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 swom, affirms under the penalties .of perjury, ~hat he/she has read and understood the foregoing statements and that they are, to h~s/heTw~,~owledge true. Dated: r~ ~_1~ Signed: .-tt'/~rt'~~ - Printed Name of Signer: Title of Signer: Name of Contractor/Vendor: Page 2 of 3 Public Disclosure Form UNIFORM CERTIFICATE OF ACKNOWLEDGMENT, (Within New York State) STATE OF NEW _YO~ .RK] COUNTY OF)'~r--f"~ ss.: On the oq~ day of ~__~ in thc year 20~ bcfo~ me. the undcmigned, p~r~onally applaud %~. 3-.~,~~ ~ to me or proved to m~ on t? basis or saUstaetory ewaenee 5o be Se lndivld~l~ whose n~e~ ~s (~ subscribed to ~e wflhin mst~ment and ac~owledged to me that he/~ executed the same in hls~ eapaelty(~) and that by hi~r si~ature~ on the ins~ument, the individual~, or the person upon behaff of which the indi~dual~ aet~, executed (signam~ ~d o~ee of individual taking aeknowtedgeme,t) L~DA M NOTA~ PUBLIC, State of New Yo~ NO. 01BO60~932, Su~lk Term E~ires M~h 8, ~ UNIFORM CERTIFICATE OF ACKNOWLEDGEMENT (Without New York State) STATE OF ) )SS.: COUNTY OF ) in the year 20__ before me. the undersigned, personally On the day of · personally known to me or proved to me on the basis of appeared · · ' satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by ......... ~-, -- o~ ",o*rument the individual(s), or thc person upon behalf&which the ms/ncr/metr slgnamre~.~j ua u,o ,, .... that such individual(s) made such appearance before individual(s) acted, executed the instrument, and the undersigned in (Insert the city or other political subdivision and fl~e state or country or other place the acknowledgea~ent was taken) (signature and office of individual taking acknowledgement) Form SCEX-22 Coutractor'sNendor's Public Disclosure Statement Form (Rev. 1/10) Page 3 of 3 Public Disclosure Form Suffolk County, New York Deparlment of Labor SUFFOLK COUNTY DEPARTMENT OF LABOR- LABOR MEDIATION UNIT UNION ORGANIZING CERTIFICATION/DECLARATION - SUBJECT TO AUDIT If the f_o, llowing de.fl.,ri, trion of "County Contractor" (Union Organizing Law Chapter 466~2) applies to the contractor gboneficiary s business or transaction with Suffolk County, the contractor/beneficiary must complete Sections l, !11, and IV below. If the following deflnRions do riel apply, the contractor/beneficiary must complete Sections 11, 111 and IV below. Completed forms must be submitted to the awarding agency. County Contractor: "Any employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a written contract with the County of Suffolk or any of its agencies', pursuant to a Suffolk County grant; pursuant to a Suffolk County program; pursom~t to a Suffolk County reimbursement for services provided in any calendar year; or pursuant to a subcontract with Section ! Check if Applicable The Union Organizing Law applies to this contract. I/we hereby agre~ to comply with all the provisions of Suffolk County Local Law No. 26-2003, the Suffolk County Union Organizing Law (the law) and, as to the goods and/or services that are the subject of the contract with the County of Suffolk shall not use County funds to assist, promote, or deter union organizing (Chapter 466-3 A), nor seek reimbursement from the County for costs incnrrad to assist, promote, or deter union organizing. (Chapter 466-3 B) I/we further agree to take all action necessary to ensure that Coanty fi~nds are not used to assist, promote, or deter union organizing. (Chapter 466-3 H) l^ve further agree that l/wu will not use County property to hold meetings to assist, promole, or deter union organizing. (Chapter 466-3E) I/we further agree that if any expenditures or costs incurred to assisl, promote, or deter union organizing are made. I/we shall maintain records sufficient to show that no County funds were used for those expenditures and, as applicable, that no reimbursement fi.om County funds has beets sought for such costs. I/we agree that such records shall be made available to the pertinent County agency or authority, the County Cmnptrollar, 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 servic~ that are the subject of the contract with the County of Suffolk: · Ewe will not express to employees any false or misleading information that is intended to influence the determination of employee preferences regarding union representatiou; · l/we will not co~ree or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining representative; · I/we will not require an employee, individually or io 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 representalive; · 1/we understand my/our obligation to limit disruptions caused by prerecognition labor disputes through the adoption of nonconfi.ontational procedures for the resolution of prarecognitiun labor disputes with employees engaged in the productiun of goods or the rendering of services for the County; and · I/we have or will adopt any or all of the above-t~fer~nced procedures, or their functional equivalent, to ensure the efficient, timely, and qnality provision of goods and services to tho County. I/we shall include a list of said Section ii Check if Applicable The Union Organizing Law docs not apply to this contract for the following reason(s): DOL-LOI (315108) Suffolk County, New York D~i~uq-~i~t of Labor Section III Conlractor Name: Conlractor Address: Contractor Phone #: p (~. tf~..C;,x~(. /-tZ~ ~> AmountofAssistance: Description of project or service: Section IV In the event any part of the Union Organizing Law, Chapter 466 of the Laws of Suffolk County, is found by a court of oompetant jurisdiction to be preempted by federal and/Or state law, this certification/d~tAaration shall be void ab in#lo. Section V I declare under ~ty of perjury under the Laws of the State of New York that tile undersigned is authorized to provide this Authorized Signature Date Print Name and Title of Authorized Represents'frye ~'~ DOL-LOI (315108) SUFFOLK COUNTY DEPARTMENT OF LABOR- LIVING WAGE UNIT LIVING WAGE CERTIFICATION/DECLARATION - SUBJECT TO AUDIT If either of the following definitions of'compensation' (Living Wage Law Chapter 347 -2) applies to the contractor s/recaP ant s business or transaction with Suffolk County, thc contractor/recipient must complete Sections I, 3, 4 below; and Form LW-I (Notice of Application for County Cam pensatlon), if the following definitions do not apply, lhe 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 (I0) employees by or through the authority or approval of tho County &Suffolk," or "Any service contract or subcontract let to a contractor with ten (10) or more employees by the County of Suffolk for the furnishing of services to or for the County of Suffolk (except contracts where services are incidental to the delivery of products, equipment or commodities) which involve au expenditure cqualto or greater than $10.000. For thc purposesofthisdcfinition, thcamountof expenditure for more than one contract for the same service shall be aggregated. A contract for the purchase or lease of goods, products, equipment, supphes or et ~er property is not compensatmn for the purposes oft!us defin t on. Section I Thc Living Wage Law applies to this contract, l/we hereby agree to comply with all the provisions of Suffolk County Local Law No. 12-2001, the Suffolk County Living Wage Law (the Law) and, as such, will provide to all full, part-time or temporary employed persons who perform work or render services on or for a project, matter, contract or subcontract  -] where this company has received compensation, from the County of Suffolk as defined in the Law (compensation) a wage rate of no less than $10.83($9.25 for child care providers) per hour worked with health benefits, as described in the 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 34%3 B) Check if applicable I/we further agree that any tenant or leaseholder of this company that employs at least ten (I 0) persons and occupies property or uses equipment or property that is improved or developed as a result of compensation or any contractor or subcontractor &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 companyhas received cmnpensation shall comply with all the provisions of the Law, including those specified above. (Chapter 347-2) I/we further agree to permit access to work sites and relevant payroll records by authorized County representatives for the purpose of monitoring compliance with regulations under this Chapter oftbe Suffolk County Code, investigating employee complaints of noncompliance and evaluating the operation and effects of this Chapter, including the production for inspection & copying of payroll records for any or all employees for the term of the contract or for five (5) years, whichever period of compliance is longer. All payroll and benefit records required by the County will be maintained for inspection for a similar period of time. (Chapter 347-7 D) The County Department of Labor shall review the records of any Covered Employer al leasl once every three years to verify compliance with the provisions of the Law. (Chapter 347-4 C) ~Law does not apply to this contract for the following reason(s):_ Check if applicable Section 111 Contractor Name: Contractor Address: Description of project or se~ice: Section IV · ~ -~ s ~ ~r~he State of New York that the unden gned is authorized to provide this ceaificafion, I decla~ under~l~ of perjury unaer Print Name and ~itle of Au~onzed Representative LW 38 (revised 10-09)