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HomeMy WebLinkAboutFishers Island Emergency GeneratorRESOLUTION 2011-765 ADOPTED DOC ID: 7235 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-765 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 9, 2011: RESOLVED that thc Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an lnteragency Contract with the Court .ty of Suffolk through its duly constituted Department of Fire~ Rescue and Emergency Services and tho Town of Southold for the provision of an emergency generator for Fishers Island at no cost to the Town, subject to the approval of the Town Attorney. . Elizabeth A. Neville Southoid Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell · Rev. 6/23/11; Law No. 16-FS-015 Disaster Preparedness/Shelters - Use of County-Owned Generator for the Residents of Southold-Fisher's Island Interagency Contract Suffolk County Department of Fire, Rescue and Emergency Services and thc Town of Southold-Fisher's Island 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 Servicez ("Department" and/or "FRES"), located at Yaphank Avenue, Yaphank, New York 11980, and the Town of Southold- Fisher's Island ("Contractor"), a municipal corporation, having its principal office at Town Hall Annex, 54375 Route 25, 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 Southold-Fisher's Island 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-Fisher's Island. Term of Contract: Total Cost of Contract: Terms and Conditions: June 1, 2011 through May 31, 2016· Shall be a no-cost contract to FRES. 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 Witness Whereof, the parties hereto have executed this Contract as of the latest date written below. Town of Southol~isher's Island Sco~. ussell Town Supervisor County of Suffolk By: Name: Deputy CountyExecutive Date: Review~nd~ Ap_proved: By: ~55'E Town Attorney Approved: Department of Fire Rescue & Emergency Svcs. By: Joseph F. Williams Commissioner Date: Approved as to Legality: Christine Malafi, Suffolk County Attorney Recommended: By: Cynthia Kay Parry Assistant County Attomey By: Edward C. Schneyer Director of Emergency Preparedness Date: Date: 0009943 Page 1 of 9 'Rev. 6t23/I1; Law No. 16-FS-015 Disaster Preparedness/Shelters - Use of County-Owned Generator for the Residents of Southold-Fisher's Island Exhibit A Specific Terms and Conditions Performance Subject to Condition 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. "Disaster" means the occurrence or imminent threat 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; do 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 at~er 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. 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. 2. Requirements Contract The paxties 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 FLIES requires and needs to guarantee the services of the Town of Southold-Fisher's Island 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-Fisher's Island; 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-015 Disaster Preparedness/Shelters - Use of County-Owned Generator for the Residents of Southold-Fisher's Island Term and Termination The term of this Contract shall be as set forth on page one of this Contract, unless sooner terminated as provided below. Performance of the services as set forth in this Contract shall commence as of the date ora 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 there may be one or more declared states of emergency during the term of this Contract. 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. 4. Town of Southold-Fisher's Island Responsibilities The Town of Southold-Fisher's Island 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-Fisher's Island in the event of the occurrence of a declared disaster or emergency, and for drills and exercises as mutually agreed upon; and any other facilities as mutually agreed upon by the parties. The Town of Southold-Fisher's Island 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 eo The Town of Southold-Fisher's Island-t~a~*~m~r shall pay for the usage of fuel required to power said generator. The Town of Southold-Fisher's Island 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-Fisher's Island shall pay for expenses incurred during the repair of the generator unit after expiration of the unit's warranty. The Town of Southold-Fisher's Island 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-Fisher's Island shall secure and maintain all related accessories, such as extension cords, that are assigned with the said generator unit. The Town of Southold-Fisher's Island 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-015 Disaster Preparedness/Shelters - Use of County-Owned Generator for the Residents of Southold-Fisher's Island 5. FRES Responsibilities at FRES will coordinate the delivery of said generator and all related accessories with the Town of Southold-Fisher's Island. 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-Fisher's Island. 6. Notices a. 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 parties 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 serve as adequate notice. Mr. Scott Russell Town Supervisor Town of Southold Town Hall Annex, 54375, Route 25 PO Box 1179 Southold, NY 11971-0959 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: Mr. Jeremy Doucette Emergency Manager PO Box 154 Fisher Island, NY 06390~ With an additional copy to: eJ Mr. Scott Russell Town Supervisor Town of Southold Town Hall Annex, 54375, Route 25 PO Box 1179 Southold, NY 11971-0959 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 C~n~ditions Exhibit B General Terms and Conditions I. Indemnification and Defense ao The Contractor shall protect, 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 caused by the negligence or any acts or omissions of the Contractor, including teimbursemant oftbe cost ofmasonable attorneys' fees incurred by the County, its agents, servants, officials, and employees in any action or proceeding arising out of, or in connection with, the Contract. co The Contractor hereby represents and warrants that it will not infringe upon any copyright in performing thc Services. The Contractor agrees that it shall protect, indemnify, and hold harmless the County, its agents, servants, officials, and employeas 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 the 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 asserted for infringement ofenpyright. 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 thc Contractor to pay reasonable attorneys' tbes of salmy costs of County employees of thc Depaflment of Law for thc defense of any such suit. The Contractor shall continuously maintain, during the Term of thc 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 ii.) iii.) Automobile Liability insuruncc (if any vehicles am 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 Doll.s ($100,000.00) for property damage per occurrence. Workers' Compensation and Employer's Liability insarascc in compliance with all applicable New York State daws and regulations and Disability Benefits insurance, if required by law. Thu Contraator shall furnish to the County, prior ~o ks execution ofthe Contract, thc documentation required by the State of New York Workers' Compensation Board o f envoragu or exemption from coverage pursuant to §§57 and 220 of the Workers' Compensation Law. In ancerdance with General Municipal Law § 108, the Contract shall be void nnd of an effect unless the Contractor shall provide and maintain coverage during the Term for the benefit of such employees as are required to be covered by the provisions oftbe Workers' Compensation Law. bo The County may mandate an increase in the liability limits set forth in the immediately preceding paragraphs (4)(a)(i) and (ii). All policies providing such cevaragu shall be issued by insurance companias authorized to do business in New York with an A.M. Best rating orA- or better. The Contractor shall furnish to the County, prior to the execution of the Contract, declaration pages for eanh policy of insurance, other than a pelley for eommareial general liability insurance, and upon demand, a true and certified original copy ofeanh such policy evidencing unrapliance with the aforesaid insurance requirements. In the case of commereial 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 sapy ofsach policy evidencing enmpliance with the aforesaid insurance requirements. All evidence of insurance shall provide for the County to be notified in writing thirty (30) days prior to any usncallafion, nonresewal, or material change in the policy to which such evidence relates. It shall be the duty ofthe Contractor to Disaster Preparedness/Shelters - 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 any insurance policy. 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 from a Fund Source. If the Contractor is a municipal corporation and has a self-insurance pmgrom under which it acts ns a self-insurer for any of such required coverage, the Contractor shall provide proof, acceptable to the County, of self-funded Independent Contractor The Contractor is not, and shall never be, considered an employee of the County for any purpose. Notwithstanding anything contained in this Contract, the Contract shall not be construed as creating a principal-agent relationship between the County and the Contractor or the Contractor and the County, as the case may be. Severability It is expressly agreed that if any term or provision of this Contract, or the application thereof to any person or 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 of tim Contract shall be valid and shall be enforced to the fullest extent permitted by law. Merger; No Oral Changes It is expressly agreed that tbe Contract represents tho entire agreement of the parties and that all previous understandings ate bemin 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 shall be designated in the Supreme Court, Suffolk County, the United States District CouVl for the Eastern District of New York, or, if appropriate, a court of inferior jurisdicfiun in Suffolk County. 10. 11. emplayees and designated repmsentativns, against any claim, demand or action that may be brought against the other party, its employees or designated representatives arising out of, or in cunneefion with, 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 beneficiary of the Contract and no third patty shall have the fight to make any claim or assert any fight under the Contract. Notice Unless otherwise expressly provided, all notices shall be in writing and shall be deemed sufficiently given if seat by ragulm' first class mall and certified mail, or personally deli'~red during business hours as follows: 1.) to the Contractor at the address on page I oftbe Contract and 2.) to the County at the Department, or as to either of the fumgoiag, to such other address es the addressee shall have indicated by prior writton notice to the addrasanr. All notices received by the Contractor minting to u legal claim shall be immediately sent to the Department and also to the County Ar~orfley at H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100, (Sixth Floor), Hanppange, New York, 11788-0099. Audit Requirements: AIl payments made under this Agreement ate subject to audit by the Suffolk County Comptroller pursuant to Article V ofthe Suffolk County Chaffer. If the Contractor fails to cooperate with an audit by the Comptroller, the County shall have the right to suspend or pa~ially withhold payments or require the repayment of amounts paid under this Agreement or under any other agreement between the parties until such cooperation is forthcoming. If such an audit discloses overpayments by the County to the Contractor, within thirty (30) days after the issuance of an official audit report by the Comptroller or his duly designated representatives, the Contractor shall repay the amount of each overpayment by check to the order of the Suffolk County Treasurer or shall submit a proposed plan of repayment to the Comptroller. Ifthere is no respunss or ifsstisfacto~ 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 shall be the duty of the Contractor to mad, become familiar with, and comply with the requirements of section A5-7 of Article V of the Suffolk County Code. 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 Unless certified by an officer of the Contractor as being exempt from the requirements ofsectiun A5-7 ofArficlc V of the Suffolk County Code, the Contractor mpresonts and warrants that it has filed with the Comptroller the verified 6 of 9 pages Disaster Preparedness/Shelters - Rev. 6/23/11; Law No. 16-FS- Exhibit B General Terms and Conditions public disclosure statement required by Suffolk County Administrative Code Article V, Section A5-7 and shall file an update ofsach stntament with the Comptroller on or before the 31 st day of Sunuary in each year of the 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 of the 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, of fi~ecn percent (15%) of the amount of the Contract. 12. Required Form: Suffolk County Form SCEX 22; entitled "Contmctor's/Vundor's Public Disclosure Statement" 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 comraets and recipients of County financial assistance, (as defined) shall provide payment ora minimum wage to employees as set forth in the Living Wage Law. Such mtn 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, thc County shall have the authority, under appropriate circumstances, to grmiunte the Contract and to seek other remedies as set forth therein, for violations of this Law. Required Forms: Suffolk County Living Wage Form LW-I; entitled "Suflblk County Department of Labor - Living Wage Unit Notice of Application for County Compensation (Contract)." Suffolk County Living Wage Form LW-38; entitled "Suffolk County I~partmcot of Labor- Living Wage Unit Living Wage Certfficatiun/Declaration - Subject To Audit" 13. Use of County Resources to Interfere with Collective Bargaining Activities It shall be the duty of thc Contractor to read, hecomc 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 shah 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. 14. 7 of 9 pages c. 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 un County pmperVj, th~ Contractor must adopt a reasonable access agreement, a unntmlity agreement, fair communication agreement, non- intimidation agreement, and a majority authorization card agreement. If the Services am for the provision ofhamsa services and arc not to be performed on County property, the Contractor must adopt, at the least, a neutrality agreement. Under the pmvisiuns of Chapter 466, thc 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. Reqaired Form: Suffolk County Labor Law Form DOL-LOI; entitled "Suffolk County Department of Labor - Labor Mediation Unit Union Organizing Certification/Declaration - Subject to Audit." Lawful Hiring of Employees Law It shall he the duty of the Contractor to read, become familiar with, and comply with the requirements of Chaptar 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, ss the case may he, that are recipients of compensatiun from fha County through any grant, loan, subsidy, funding, appropriation, payment, tax incentive, contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or an awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit a completed sworn affidavit (under penalty of p~jury), the form of which is at~acbed, certifying that they have eomphed, in good faith, with the requirements ofTitle 8 of the United States Code Section 1324a with respect to the hiring of covered employees (as defined) and with respect to the alien and nationality status of the owners thereof. The affidavit shall be executed by an authorized representative of the covered employer or owner, as the case may he; shall be part of:my execnted 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, liconse agreement, Icasa or otber financial compensation agreement issued by the County or awarding agency, where such compensation is one hundred percent (100%) funded by thc County. shall submit to the Disaster Prepnredness~helters -Rev. 6/23/11; Law No. 16-FS- Exhibit B Gee,'"ra! Terms and Conditions covered employer a completed sworn affidavit (under penalty of perjury), the form of which is attached, certifylng 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 oftbe owners thereof, as the case may be. The affidavit shall be executed by an authorized representative of tho contractor, subcontractor, or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement between the covered employer and the County; and shall be made available to the public upon request. An updated affidavit shall be submitted by each. such employer, owner, contractor and subcontractor no later than January I of each year for the duration of any contract and upon the renewal or amendment of the Contract, and whenever a new contractor or subcontractor is hired under the terms of the Contract. The Contractor acknowledges that such filings are a material, contractual and statutory duty and that 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 · ~orking 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 Lawful Hiring of Employees Law Form LirE-l; entitled "Suffolk County Department of Labor- Notice Of Application To Certify Compliance With Federal Law (g U.S.C. SECTION 1324a) With Respect To Lawful Hiring of Empfuyees.' "Aff~davit Of Compiianco With The Requirements ofg U.S.C. Section 1324a With Respect To Lawful Hiring Of Employees" Form LHE-2. 15. 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 of thc County or the State or of any political party, with the purpose or intent ofscuuring 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 tho performance of an 16. 17. 18. 19. 8 of 9 pages agreement. Prohibition Against Contracting with Corporations that Reincorporate Overseas It shall be thc duty of the Contractor to read, become familiar with, and comply with thc requirements of Scotions A4-13 and A4-14 of Article IV of the Suffolk County Code. The Contractor represents that it is in complianse ~4th sections A4-13 and A4-14 of Article IV of the Suffolk Couaty Code. Such law provides that no contract for consulting services or goods and services shall be awarded by the County to a business previously incoq~oratsd within the U.S.A. that has reincoqaorated outside the U.S.A. Child Sexual Abuse Reporting Policy It shall be the duty of the Contractor to read, become familiar with, and comply with thc 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 Ahare Reporting Policy," as now in effect or amended hereafter or of any other Suffolk County Local Law that may become applicable during the mm of the Contract with regard to child sexual abuse reporting policy. Non Responsible Bidder It shall be the duty of the Contractor to rend. become familiar with, and comply with the mquirmeants of Article I1 of Chapter 143 of the Suffolk County Code. Upon signing the Contract, the Contractor certifies that it has not been convicted ora criminal offense within the last ten (10) years. The term "conviction" shall mean a finding of guilty after n trial or a plea of guilty to an offan~ covered under the provision ofscction 143-5 of the Suffolk County Code under"Nnaraspensiblc Bidder." Use of Funds in Prosecution of Civil Actions Prohibited It shall be the duty oftbe Contractor to rend, become familiar with, and comply with the requirements of section 590-3 of Article III of Chapter 590 of ibc Suffolk County Code. Tho Contractor shall not usc any of thc moneys, in part or in whole, and either directly or iodirectly, received under the Contract in connection with thc prosecution of any civil action against the County in any jurindictico or any judicial or administrative forum. Disaster Preparedness/Shelters- Rev. 6/23/11; Law No. 16-FS- F~xhibit B General Terms and Condition_s 20. Suffolk County Local Laws Website Address Suffolk County Local Laws, Rules and Regulations ca~ 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 Deportment Memo At~ached Lawful Hiring - Labor Department Memo Attached End of Exhibit B 9 of 9 pagcs Snffolk County, New York SUFFOLK COUNTY DEPARTMENT OF LABOR- LABOR M F, DIATION UNIT UNION ORGANIZING CERTIFICATION/DECLARATION - SUBJECT TO AUDI F. [f lite following definition of ~Couaty Contractor" (Union Orguuizing l.aw Chapter 466-'~) applies 1o coutruetor's/bcneficiury's business or transactioa with Suffolk County, the contractor/beneficiary must complete s~tions I, !il, uud I¥ below. If thc following defiuitlous do not apply, the contractor/beneficiary must complete Sections 11, II1 and IV below. Completed forms must be submitted to thc awarding agency. County Contractor: "Any employer that receives mere than $50,000 in County funds for supplying goods or services pur'~ant to a written contract with the County of Suffolk or any of its agencies; pursuant to a Suffolk County grant; pursuant to a Suffolk County program; pursuant to a Suffolk County reimbursement for services provided in any calendar year; or pursuant to a subcontract with un~, of the above." Section I The Union Organizing Law applies to this contract. I/we hereby agr~ to cmnply with all thc 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 tho contract with the County of Suffolk shall not use County funds to assist, promote, Check if or deter ttnion organizing (Chapter 466-3 A), nor seek reimbursement front the County for costs incurred to assist, Applicable promote, or deter union organizing. (Chapter 466-3 B) I/we further agree to take all aclion necessary to ensure that County fimds are not used to assist, promote, or deter union organizing. (Chapter 466-3 H) I/we ~urther agree that I/we will not use County property to hold meetings to assist, promote, or deter union organizing. (Chapter 466-3E) I/we further agree that if any expenditures or ~osts incurred to assist, promote, or deter union organizing are made, I/we shall maintain records sufficient to show that no County funds wee used for those expenditures and, as applicable, that no reimbursement from County funds has been sought for sach costs. I/wa 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) [/we further affirm to the following as to the goods and/or services that are the subject of the contract with the County of Suffolk: · I/we will not express to employees any false or misleading information that is intended to influence the determination of employee preferences regarding union representation; · I/we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining representative; · 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 ia selecting or not selecting a bargaining representative; · l/we understand my/our obligation to limit disruptions caused by prerecognition labor disputes through the adoption of noncon frontational procedures for the resolution of prerecognition labor disputes with employees engaged in thc production of goods or the rendering of services for the County; and · I/we have or will adopt any or all of the abovc-refernoced preccdares, or their functional equivalent, to ensure the efficient, timely, and qoality provision of goods and services to the Connty. I/we shall incindo a list of said procedures in such certification. Section I1 Check if Applicable Thc Union Organizing Law docs not apply to this cootract for the fo ow ~g reasoa(s): __ DOL-I.OI (3/5108) Suffolk County. New York Department or Labor Section Contractor Name: Dcscriptio p Section IV In the event any part of the Union Organizing Law, Chapter 4~6 of thc Laws of Suffolk County, is found by a court of competent jurisdiction to be preempted by federal and/or state law, this certification/declaration shall be void ab lnitio. Section V I declare under penalty of pcrjur~ under the Laws of thc State of New York that the undersigned is authorized to provide this certification, an~lot the above isj~lc and correct. Authorize~'Signature '~rint Name and TitJc of Authorized Rcprcsentat ye Federal EmployerlD#: [/~- ~:) ~(7~'~ ? DOl.-LOt (315108) SUFFOLK COUNTY DEPARTMENT OF LABOR- LIVING WAGE UNIT LIVING WAGE CERTIFICATION/DECLARATION - SUBJECT TO AUDIT tt citirer of the following definitions of 'compensation' (Llvhtg Wage Law Chnpter 347 - 2) applies to tim contractor s/recipient s business or transaction with Suffolk County, the contractor/recipient must complete Sections I, 3, ~1 below; and Form LW-I (Notice of Application for Couaty Compensation). If the following definitions do not apply, the contractor/recipieot must complete Sections 2, 3 and 4 below· Completed forms must be submitted to the awarding agency. "Any grant, loan, tax incentive or abatement, bond financing subsidy or other form of compensation of more that $50,000 which is realized by or provided to an employer of at least ten (10) employees by or through thc authority or approval of the County of Suf't'oik," or "Auy scrvicc contract or subcontract let to a contractor with ten (10) or more employees by tho County of Suffolk for the furnishing of services to or for the County of Suffolk (except contracts where services are incidental to thc delivery of products, equipment or commodities) which involve an expenditure equal to or greater than $10,000. For thc parposcs of'this definition, the amount of expenditure for more than one contract for the same service shall be aggregated. A contract for the purchase or lease of goods, products, _equipment, supplies or other property is not 'compensation' tbr the purposes of th~s definition." Section I The Living Wage Law applies to this contract. I/we hereby agree to comply with all the provisions of Saffolk 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, maU:er, 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 347-3 B) Check if applicable I/wu 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 developed as a result of compensation or any contractor or subcontractor of this company that employs at least ten (I 0) persons in producing or providing goods or services to this company that are used in the project or matter for which this companyhas received compensation 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 represenlatives for the purpose of monitoring compliance with regulations under this Chapter of the Suffolk County Code, investigating employee cmnplaints 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 cud benefit records required by the County will be maintained for inspection for a similar period &time. (Chaplet 2,47-7 D) The County Department of Labor shall review the records of any Covered Employer at least once every three years to verify compliance with the provisions ortho Law. (Chapter 347-4 C) The Living Wage Law does no'~apply to this contract for,thc folio,wing reason(s)._ Sectiou II Check if applicable Suction Ill Contractor Name: "~(D c.,..) VL. (~' "~'O t'A-/L/~°/'C/Federal Empl°yer I D#: Amount of compensation: Description of project or service'. ~c ~ Section IV I declare under penalty~perjury under the Laws ortho State of New York that the undersigned is aotborizcd ~o provide INs reflification, and that th~ above i~e and corre~ _ ~ / Authorized Sr~tnrc ~ / ~ ; Print Name sod ~itle of Autho~zed Re~entative ~ LW 38 (revised 10-09)