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Home My WebLink AboutAREISRESOLUTION 2012-327 ADOPTED DOC ID: 7765 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-327 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 10, 2012: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the License Agreement for Suffolk Coun .ty AREIS and Tax Map Product between the Town of Southold and the Suffolk County Real Property Tax Service Agency regarding the Suffolk County Advanced Real Estate Information System (AREIS) and Tax Map License Program, at no cost to the Town, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell - ~'d ti~,~iillm~L Law No. '16-RP-045 RPTSA No. L-16-43 License Agreement; Rev. 1/18112 Suffolk County AREIS and Tax Maps License Agreement for Suffolk County AREiS and Tax Map Product This License Agreement ("License Agreement") is between the County of Suffolk ("County" and/or "Licensor"), a municipal corporation of the State of New York, acting through its duly constituted Suffolk County Real Property Tax Service Agency ("Agency"), located at the 300 Center Drive, Riverhead, New York 11901;and the Town of Southold ("Licensee"), a municipal corporation, tocated at 53095 Route 25, P.O. Box 1179, Southold, New York 11971. The parties hereto desire that Suffolk County Real Property Tax Maps ("Tax Maps") and/or certain digital data sets (the "Product," as defined in paragraph 4 of Exhibit A) from the Agency's computer data base, known as the "Suffolk County AREIS ("Advanced Real Estate Information System'~ and Tax Map" be licensed (the "License") to the Licensee by the County in the interest of cooperation. Terms and Conditions: Shall be as set forth in Exhibits A through D, attached and incorporated herein, Term of License Agreement: Shall commence upon execution and continue through December 31, 2016. Total Cost of License Agreement: No Cost to County/Licensor or the Licensee, except for standard media reproduction costs. Town of/~h, o ld Title: Supervisor In Witness Whereof, the parties hereto have executed this License Agreement as of the latest date written below. County o~~./.~ 0~t4(~C- Deputy County Executive Fed. Taxpayer ID 11-6001939 ~. ~. ( ~ Date: ~ - (~ ( ~ Date: Sco~ A. Russell, hereby ce~ifies under penaltieS' Approved: S~~ Real Perju~ that I am an officer of the Town of Sou~ld, ewice n that I have read and am familiar with ~A5-7 of A~ V of the Suffolk County Code, and that Town of Southold Pen.~~le, Direc~r Date: ~~ meets all requirements to qualify for exemption thereun- Narr~ Date Approv/ed-'As To Legality.~ Denn~ ~l.,Cohen, Count~.ttorney (~helley A. G~/~op/ Assistant C. 0t~nty ~torney Date: Page I of 8 Paoes License Agreement; Rev. '1/"18/12 Suffolk County AREIS and Tax Maps .~,, Law No. 16-RP-045 RPTSA No. L-16-43 List of Exhibits Exhibit A General Terms and Conditions 2. 3. 4. 5. 6~ 7. 8. 9, Grant of License Term and Termination Tax Maps and/or Product Permitted Uses No Implied Waiver Sub-License Limitation of Liability Cooperation Severability Merger; No Oral Changes All Rights Reserved Governing Law No Intended Third Party Beneficiaries Notice Requirements and Contact Persons Exhibit B Variable Terms and Conditions Exhibit C Third Party Sub-License Agreement Exhibit D Suffolk County Legislative Requirements Page 2 of 8 Pages Law No. '16-RP-045 RPTSA No. L-'16-43 License Agreement; Rev. 11'18/12 Suffolk County AREIS and Tax Maps Exhibit A General Terms and Conditions Whereas, the County of Suffolk, acting through its duly constituted Suffolk County Real Property Tax Service Agency "(Agency"), has numerous and varied functions, including those mandated by several statutes of the State of New York; and Whereas, the primary mission of the Agency is to maintain and update the County's official tax map of its ap- proximately 583,000 parcels of land. In addition, the Agency provides public agencies and individuals with ad- vice, information, forms and reports on all aspects of real property. The Agency provides training related to the assessment of taxation of real property within the County of Suffolk. The Agency derives its authority from Re- al Property Tax Law, Articles 5 and 15A; Real Property Law, Article 9; and Article XXXVI of the Suffolk County Charter; and Whereas, the Agency publishes "Real Property Tax Maps" on an annual basis; and Whereas, the Agency also maintains a cadastral tax map base and a database of attribute and ownership da- ta, commonly referred to as AREIS ("Advanced Real Estate Information System"); and Whereas, the Agency desires to share the Tax Maps and or products derived from AREIS with other govern- mental, quasi-governmental and not-for-profit entities as part of the County's goal to create better integrated layers of GIS; and Whereas, the Licensee functions are numerous and varied; and Whereas, the Licensee will use the Tax Maps and/or Product as set forth in Exhibit B, entitled "Variable Terms and Conditions;" and Whereas, the County and the Licensee desire to cooperate regarding access to the Tax Maps and/or Product in support of the Licensee's programsl Now therefore, the parties agree as follows: '1. Grant of License The County grants to the Licensee a non-exclusive, non-transferable (unless otherwise agreed as set forth in Paragraph 6, entitled "Sub-License," betow) license (the "License") to use the Tax Maps and/or Product, as defined herein, subject to the terms and conditions described herein. 2. Term and Termination a. Term This License Agreement shall cover the period provided on the first page thereof, unless sooner terminated as provided below. Page 3 of 8 Pages LiCense Agreement; Rev. 1/18/12 ~" Suffolk County AREIS and Tax Maps Law No. 16-RP-045 RPTSA No. L-16-43 b. Termination for Cause In the event the Licensee violates any of the terms and conditions of this License Agreement, the County may terminate the License, provided that no such termination shall be effective unless: the Licensee is given ten (10) business days written notice of intent to terminate ("Notice of Intent to Terminate"), and B. an opportunity for consultation with the County prior to termination; and C. an opportunity to cure any violation of the terms and conditions of the License. In the event that the Licensee has not cured, or commenced to cure, to the satisfaction of the County, within such ten day period (or longer period at the County's option), then the County may issue a written termination notice ("Termination Notice"). ii, Notwithstanding the above, if the Licensee, or any of its sublicensees, makes use of the Tax Maps and/or Product in a manner not permitted by this License Agreement and the County reasonably determines that such use was intended to result in harm to the County's proprietary rights, the County shall have the right to terminate this License Agreement immediately upon written notice, stating the reason, to the Licensee. c, Termination for Convenience Either party may terminate this License Agreement for any reason whatsoever, provided that no such termination shall be effective uniess the other party is given sixty (60) calendar days prior written notice of such termination. d. Return of Tax Maps and Product In the event that this License Agreement is terminated for any reason, or upon expiration of the License Agreement, whichever is sooner, within ten (10) days thereafter the Licensee shall re- turn or destroy the original and all copies of the Tax Maps and Product and any derivative work(s) of the Product in spatial digital format, raster digital format and in paper copy form. The Licensee shall certify in writing within that ten (10) day period that such action has been taken. 3. Tax Maps and/or Product The Tax Maps are defined as the "Real Property Tax Maps" which are published and registered annually by the Agency for the following towns: i. Town of Babylon; ii. Town of Brookhaven; iii. Town of East Hampton; iv. Town of Huntington; Page 4 of 8 Pages License Agreement; Rev. 1/'18/t2 Suffolk County AREIS and Tax Maps Law No. t6-RP-045 RPTSA No. L-16-43 v. Town of Islip; vi. Town of Riverhead; vii Town of Shelter Island; viii. Town of Smithtown; ix. Town of Southampton; x. Town of Southold. b. The product ("Product") provided by the Agency to the Licensee will vary depending upon the Project described in Exhibit B. The Product is defined to include a castradal tax map, a data- base of attribute files, a data base of parcel ownership files or all three, depending upon the project described in Exhibit B. Permitted Uses a. The Licensee may use the Product to produce paper or digital raster maps and/or reports for use by the public, provided that such maps and/or reports include the following copyright notice: Suffolk County Real Property Tax Service Agency "AREIS and Tax Map" Copyright 2012, County of Suffolk, N.Y. Note: The reference to year (i.e. 2012) in the copyright notice shall change as applica- ble. b. Permitted uses include but are not limited to the following examples: i. The modification of attribute data or fields to a spreadsheet of the Product is allowed and is the property of the Licensee, however, such property that is the modified file is not to include the spatial files (.dgn or other CAD formats); and/or ii. The generation of tax maps where the Licensee's GIS or CAD data is positioned over or under the County AREIS and Tax Map Product. c. Uses not permitted, unless pre-authorized in writing by the County, include but are not limited to the following examples: i. the sale or transfer of the spatial portion of the Product or a derivative of the Product to a third party; and/or ii. sale of paper maps that are derivatives or reproductions of the Product. No Implied Waiver No failure or delay by either party in enforcing any right or remedy under this License Agreement shall be construed as a waiver of any future or other exercise of such right or remedy. Page 5 of 8 Pages License Agreement; Rev. 1/18/12 Law No. 16-RP-045 Suffolk County AREIS and Tax Maps RPTSA No. L-16-43 6. Sub-License The Licensee may distribute the Tax Maps and/or Product to sub-licensees (the "Sub-Licensees"), provided that such Sub-Licensees have signed a Third Party Sub-License Agreement, in substantially the format set forth in Exhibit C. Consent to a Sub-License is at the sole discretion of the Agency. 7. Limitation of Liability The County makes no warranties, express or implied, including, but not limited to, implied war- ranties of merchantability and fitness for a particular purpose. The Tax Maps and/or Product were developed for governmental use by the agency. The County of Suffolk makes no repre- sentations as to the accuracy, completeness, reliability, usability, or suitability for any purpose of the data or information contained or furnished in connection herewith and the County shall be under no liability whatsoever for any use made thereof. The County shall not be liable for indirect, special, incidental, or consequential damages related to the Licensee's use of the Tax Maps and/or Product or any Sub-Licensee's use of the Tax Maps and/or Product under any Sub-License agreement entered into between the Licensee and a Sub-Licensee, even if the Licensee is advised of the possibility of such damage. 8. Cooperation In the interest of cooperation, Licensee agrees to provide Suffolk County any attribute data or geocod- ed information related to this License Agreement. 9. Severability It is expressly agreed that if any term or provision of this License Agreement, or the application thereof to any person or circumstance, shall be held invalid or unenforceable to any extent, the remainder of this License Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. 10. Merger; No Oral Changes It is expressly agreed that this Agreement represents the entire agreement of the parties, that all previ- ous understandings are merged in this Agreement. No modification of this Agreement shall be valid un- less written in the form of an Amendment and executed by both parties. 11. All Rights Reserved All rights not specifically granted in this License Agreement are reserved to County/Licensor. 12. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws. Venues shall be designated in Suffolk County, New York or the United States District Court for the Eastern District of New York. Page 6 of 8 Pages Law No. 16-RP-045 RPTSA No. L-16-43 License Agreement; Rev. 1118112 Suffolk County AREIS and Tax Maps 13. No Intended Third Party Beneficiaries This Agreement is entered into solely for the benefit of County and the Licensee. No third party shall be deemed a beneficiary of this Agreement, and no third party shall have the right to make any claim or assert any right under this Agreement. 14. Notice Requirements and Contact Persons Any communication, notice, claim for payment, report, or other submission necessary or re- quired to be made by the parties regarding this Agreement shall be in writing and shall be given to the County or the Licensee or their designated representative at the following addresses or at such other address that may be specified in writing by the parties and must be delivered as fol- lows: For the Agency: Suffolk County Real Property Tax Service Agency 300 Center Drive Riverhead, New York 11901 Attn: Penny Wells LaValle, Director For the Licensee: At the address and to the attention of the person set forth in Exhibit B of this License Agreement or such other designee as the parties may agree in writing. In the event the Licensee receives a notice or claim or becomes a party (plaintiff, petitioner, de- fendant, respondent, third party complainant, third party defendant) to a lawsuit or any legal proceeding related to this License Agreement, the Licensee shall immediately forward to the Agency, at the address set forth above, and to the County Attorney, at the address set forth be- Iow, copies of all papers filed by or against the Licensee: Suffolk County Department of Law H. Lee Dennison Building 100 Veterans Memorial Highway Hauppauge, New York 11788 Att: County Attorney Notices shall be deemed given when mailed by registered or certified mail in postpaid envelope or deposited with a nationally recognized courier service. End of Text for Exhibit A Page 7 of 8 Pages License Agreement; Rev. 1118/12 Suffolk County AREIS and Tax Maps Exhibit B Variable Terms and Conditions 1. Licensee's Use of Tax Maps and/or Product The Licensee will use the Tax Maps and Product as follows: The Town of Southold will use the Tax Maps and Product in a variety of municipal pro- grams, including but not limited to planning, assessment, zoning, transportation, permit reviews, maintenance, grant applications, MS4 compliance, land preservation and envi- ronmental concerns. The extent of the areas to be used includes the Town of Southold in its entirety, the Village of Greenport in its entirety and the Town of Riverhead. Law No. 16-RP-045 RPTSA No. L-16-43 Contact Person(s) Information for Licensee for Notices Licensee: Town of Southold 53095 Route 25 P.O. Box 1179 Southold, New York 11971 Attn: Martin D. Finnegan, Town Attorney Phone#: (631) 765-1939 Fax~: (631) 765-6639 Email: martin.finnegan@town.southold.ny.us End of Text for Exhibit B Page 8 of 8 Pages Exhibit C Sub-License Agreement for Suffolk County AREIS and Tax Map Product Note: This Sub-License Agreement will be customized for individual Sub-Licensees S~b-£ic~nse Agreement; Rev. 01/18112 Town of Southold in connection with License Agreement No. 16-RP-045 Suffolk County AREIS and Tax Maps RPTSA# SL-16-37 ORIGINAL Sub-License Agreement for Suffolk County AREIS and Tax Map Product This Sub-License Agreement ("License Agreement") is between the County of Suffolk ("County" and/or "Licensor"), a municipal corporation of the State of New York, acting through its duly constituted Suf- folk County Real Property Tax Service Agency ("Agency"), located at the 300 Center Drive, Riverhead, New York 11901; and the Town of Southold ("Licensee"), a municipal corporation, located at 53095 Route 25, P.O. Box 1179, Southold, New York 11971; and The Nature Conservancy (the "Consultant and/or "Sub-Licensee") to the Licensee, set forth below on page two as a signatory to this three-party agreement. The Consultant/Sub-Licensee is located at 142 Route 114, P.O. Box 5125, East Hampton, New York 11937. The three parties hereto desire that Suffolk County Real Property Tax Maps ("Tax Maps") and/or cer- tain digital data sets (the "Product," as defined in paragraph 3 of Exhibit A of the License Agreement) from the Agency's computer data base, known as the "Suffolk County AREIS ~"Advanced Real Estate Information Sys- tem'S) be sub-licensed (the "Sub-License")to the Sub-Licensee. Terms and Conditions: Shall be as set forth in Attachment A (Sub-License Terms and Conditions) and Attachment B (Variable Terms and Conditions) and Attachment C (License Agreement between the County and the Licensee), attached hereto and incorporated herein. Term of Sub-License Agreement: Shall commence for the term authorized by the Licensee as stated in the agreement between the Licensee and the Consultant and shall continue for subsequent terms pursuant to the Licensee's authorization for the Consultant's services, not to exceed the term of the License Agreement be- tween the Licensee and the County (Licensee Agreement for Suffolk County AERIS and Tax Map Product; ending on December 31, 2016. Total Cost of Sub-License Agreement: No Cost to County/Licensor, the Licensee, or the Consultant/Sub- Licensee, except for standard media reproduction costs. Signatures are set forth on page 2. Page 1 of 7 Pages S,',b~_iCense Agreement; Rev. 01118112 ' Town of Southold In connection with License Agreement No. 16-RP-045 Suffolk County AREIS and Tax Maps RPTSA# SL-'16-37 In Witness Whereof, the parties hereto have executed this Sub-License Agreement as of the latest date writ- ten below. Licensee Town of Southold Name: Scott A. Russell Title: Supervisor Fed. Taxpayer ID 11-6001939 Date: Consultant - Sub-Licensee The Nature Conservancy Name: Title: Executive Director Fed Taxpayer ID 53-0242652 Date: (-~ i III I-~"'-' Licensor - County of Suffolk Suffolk County Real Property Tax Service Agency Date: '~- Page 2 of 7 Pages S,',b-~_iCense Agreement; Rev. 011t 8/12 Town of Southold In connection with License Agreement No. 16-RP-045 List of Exhibits Attachment A Attachment B Attachment C Suffolk County AREIS and Tax Maps RPTSA# SL-16-37 Sub-License General Terms and Conditions 1. Grant of Sub-License 2. Term and Termination Sub-License Variable Terms and Conditions Copy of License Agreement for Suffolk County AREIS and Tax Map Product as executed by the County of Suffolk and the Licensee Page 3 of 7 Pages Sub-l_iCdnse Agreement; Rev. 01/18/12 Town of Southold In connection with License Agreement No. 16-RP-045 Suffolk County AREIS and Tax Maps RPTSA# SL-16-37 Attachment A General Terms and Conditions Whereas, the County and the Licensee have executed a License Agreement, a copy of which is attached hereto and incorporated herein as Attachment C; and Whereas, the Licensee, in order to complete the project set forth in Attachment B, desires to utilize the ser- vices of the Sub-Licensee; Now therefore, the parties agree as follows: Grant of Sub-License The County approves the grant of this Sub-License to the Sub-Licensee, subject to all of the terms and conditions set forth in the License Agreement (Attachment C). Consent to this Sub-License Agreement is at the sole discretion of the County of Suffolk, acting through its duly constituted Real Property Tax Service Agency. Such consent shall be indicated by the signature of the Director of Real Property Tax Service Agency (or designee) on page two (2) of this Sub-License Agreement. 2. Term and Termination a. Term This Sub-License Agreement shall cover the period provided on the first page thereof, unless sooner terminated as provided below. b. Termination for Cause In the event the Sub- Licensee violates any of the terms and conditions of this Sub- License Agreement, the County and/or the Licensee may terminate this Sub- License, provided that no such termination shall be effective unless: the Sub-Licensee is given five (5) business days written notice of intent to termi- nate ("Notice of Intent to Terminate"), and an opportunity for consultation with the County and/or the Licensee prior to ter- mination; and an opportunity to cure any violation of the terms and conditions of this Sub- License. In the event that the Sub-Licensee has not cured, or commenced to cure, to the satis- faction of the County and/or the Licensor, within such five (5) day period (or longer peri- od at the County's option), then the County and/or the Licensee may issue a written termination notice ("Termination Notice"). ii. Notwithstanding the above, if the Sub-Licensee makes use of the Tax Maps and/or Product in a manner not permitted by this License Agreement and the County reasona- bly determines that such use was intended to result in harm to the County's proprietary Page 4 of 7 Pages Sub-'LiCdnse Agreement; Rev. 01/t8/12 Town of Southold In connection with License Agreement No. 16-RP-045 Suffolk County AREIS and Tax Maps RPTSA# SL-16-37 rights, the County shall have the right to terminate this Sub-License Agreement immedi- ately upon written notice, stating the reason, to the Sub-Licensee. c. Termination for Convenience Any of the three parties to this Sub-License Agreement may terminate this Sub-License Agree- ment for any reason whatsoever, provided that no such termination shall be effective unless the other two parties are given fifteen (15) calendar days prior written notice of such termination. d. Return of Tax Maps and Product In the event that this Sub-License Agreement is terminated for any reason, or upon expiration of the License Agreement, the Sub-Licensee shall, within ten (10) days thereafter, shall return or destroy the original and all copies of the Tax Maps and Product and any derivative work(s) of the Product in spatial digital format. The Sub-Licensee shall certify in writing that such action has been taken. Notwithstanding the above, derivative work(s) in the form of reports in raster digital format or paper copy need not be destroyed. End of text for Attachment A Page 5 of 7 Pages 'Sub-'Licdnse Agreement; Rev. 01/18/12 Town of Southold In connection with License Agreement No. 16-RP-045 Suffolk County AREIS and Tax Maps RPTSA# SL-16-37 Attachment B Sub-License Variable Terms and Conditions Sub-Licensee's Use of Tax Maps and/or Product The Sub-Licensee will use the Tax Maps and/or Product (certain digital data sets) as follows: The data agreement will allow the Nature Conservancy to assist the Town of Southold's planning and land preservation efforts, as well as other coastal and terrestrial conservation projects. 2. Contact Person(s) Information for Sub-Licensee for Notices Licensee: Town of $outhold 53095 Route 25 P.O. Box 1179 Southold, New York 11971 Attn: Martin D. Finnegan, Town Attorney Phone#: (631) 765-1939 Fax~: (631) 765-6639 Email: martin.finnegan@town.southold.ny.us Attn: John Sepenoski, GIS Technician Ill Phone # (631) 765-1800 ext. 273 Email: johnsep@town.southold.ny.us Sub-Licensee: The Nature Conservancy 250 Lawrence Hill Road Cold Spring Harbor, New York 11724 Attn: Anton Benson, GIS Manager Phone#: (631) 367-3384 ext. 146 Fax~: (631) 367-4715 Email: abenson@tnc.org Page 6 of 7 Pages Sub;License Agreement; Rev. 01/18/12 Town of Southoid In connection with License Agreement No. 16-RP-045 Suffolk County AREIS and Tax Maps RPTSA# SL-16-37 Attachment C Copy of License Agreement for Suffolk County AREIS and Tax Map Product as executed by the County of Suffolk and the Licensee Page 7 of 7 Pages -,. Exhibit D- Legislative Requirements Rev. 01/18/t 2; License Agreement Exhibit D Suffolk County Legislative Requirements 1. Contractor's/Vendor's Public Disclosure Statement It shall be the duty of the Licensee 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 of the Licensee as being exempt from the requirements of section A5-7 of Article V of the Suffolk County Code, the Licensee 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 the Comptroller on or before the 31 st day of January in each year of the Agreement's duration. The Licensee 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 Agreement, for which the County shall be entitled, upon a determination that such breach has occurred, to damages, in addition to all other legal remedies, of fifteen percent (15%) of the amount of the contract. Required Form: Suffolk County Form SCEX 22; entitled "Contractor's/Vendor's Public Disclosure Statement" The Licensee certifies that it meets all requirements under Section A5-7 to qualify for an exemption from filinq the verified public disclosure statement. 2. Living Wage Law It shall be the duty of the Licensee to read, become familiar with, and comply with the requirements of Chapter 575, of the Suffolk County Code. This License Agreement is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific exemptions apply, all employers (as defined) under service contracts and recipients of County financial assistance, (as defined) shall provide payment of a minimum wage to employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law of the County of Suffolk. Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate circumstances, to terminate the Agreement 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 (Contract)" Suffolk County Living Wage Form LW-38; entitled "Suffolk County Department of Labor- Living Wage Unit Living Wage Certification/Declaration - Subject To Audit" The Licensee is exempt from filing Form LW-1. The Licensee shall complete Section II of Form LW-38 confirming that the Living Wage Law does not apply to this Agreement for the following reason: No Cost License Agreement for Suffolk County ARIES and Tax Map Product. I of 4 Exhibit D - Legislative Requirements Rev. 0t/t 8/t 2; License Agreement Use of County Resources to Interfere with Collective Bargaining Activities It shall be the duty of the Licensee to read, become familiar with, and comply with the requirements of Article 1 of Chapter 803 of the Suffolk County Code. County Contractors (as defined by section 803-2) shall comply with all requirements of Chapter 803 of the Suffolk County Code, including the following prohibitions: a. The Licensee shall not use County funds to assist, promote, or deter union organizing. No County funds shall be used to reimburse the Licensee for any costs incurred to assist, promote, or deter union organizing. 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 Licensee must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, non-intimidation agreement, and a majority authorization card agreement. If the Services are for the provision of human services and are not to be performed on County property, the Licensee must adopt, at the least, a neutrality agreement. Under the provisions of Chapter 803, 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 Form: Suffolk County Labor Law Form DOL-LO1; entitled "Suffolk County Department of Labor- Labor Mediation Unit Union Organizing Certification/Declaration - Subject to Audit." The Licensee shall complete Section II of Form DOL-LO1 confirming that the Union Organizing Law does not apply to this Agreement for the following reasons: No Cost License Agreement for Suffolk County ARIES and Tax Map Product. Lawful Hiring of Employees Law It shall be the duty of the Licensee to read, become familiar with, and comply with the requirements of Article II of Chapter 353 of the Suffolk County Code. This License Agreement 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 percent (100%) funded by the County, shall submit a completed sworn affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees (as defined) and with respect to the alien and nationality status of the owners thereof. The affidavit shall be executed by an authorized representative of the covered employer or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement with the County; and shall be made available to the public upon request. 2 of 4 E~h~bit D - Legislative Requirements Rev. 01/18/12; License Agreement 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 pement (100%) funded by the County, shall submit to the covered employer a completed sworn affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as the case may be. The affidavit shall be executed by an authorized representative of the contractor, subcontractor, or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement between the covered employer and the County; and shall be made available to the public upon request. An updated affidavit shall be submitted by each such employer, owner, contractor and subcontractor no later than January 1 of each year for the duration of any contract and upon the renewal or amendment of the contract, and whenever a new contractor or subcontractor is hired under the terms of the contract. The Licensee 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 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 Lawful Hiring of Employees Law Form LHE-1; entitled "Suffolk County Department of Labor - Notice Of Application To Certify Compliance With Federal Law (8 US.C. SECTION 1324a) With Respect To Lawful Hiring of Employees." "Affidavit Of Compliance With The Requirements Of 8 U.S.C. Section 1324a With Respect To Lawful Hiring Of Employees" Form LHE-2. The Licensee is exempt from filin.q Form LHE-1 and the Affidavit of Compliance. 5. Gratuities It shall be the duty of the Licensee to read, become familiar with, and comply with the requirements of Chapter 664 of the Suffolk County Code. The Licensee represents and warrants that it has not offered or given any gratuity to any official, employee or agent 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 amending of an agreement or the making of any determinations with respect to the performance of an agreement. 6, Prohibition Against Contracting with Corporations that Reincorporate Overseas It shall be the duty of the Licensee 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. 3 of 4 Exhibit D - Legislative Requirements .' ' . .. Rev. 01/18/12; License Agreement t0. 11. The Licensee 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.SA. that has reincorporated outside the U.S.A. Child Sexual Abuse Reporting Policy It shall be the duty of the Licensee to read, become familiar with, and comply with the requirements of Article II of Chapter 880 of the Suffolk County Code. The Licensee shall comply with Article II of Chapter 880, of the Suffolk County Code, entitled "Child Sexual Abuse Reporting Policy," as now in effect or amended hereafter or of any other Suffolk County local law that may become applicable during the term of the contract with regard to child sexual abuse reporting policy. Non Responsible Bidder It shall be the duty of the Licensee to read, become familiar with, and comply with the requirements of Article II of Chapter 189 of the Suffolk County Code. Upon signing the License Agreement, the Licensee certifies that it has not been convicted of a criminal offense within the last ten (10) years. The term "conviction" shall mean a finding of guilty after a trial or a plea of guilty to an offense covered under the provision of section 189-5 of the Suffolk County Code under "Nonresponsible Bidder." Use of Funds in Prosecution of Civil Actions Prohibited It shall be the duty of the Licensee to read, become familiar with, and comply with the requirements of Article III of Chapter 893 of the Suffolk County Code. The Licensee shall not use any of the moneys, in part or in whole, and either directly or indirectly, received under the License Agreement in connection with the prosecution of any civil action against the County in any jurisdiction or any judicial or administrative forum. Youth Sports It shall be the duty of the Licensee to read, become familiar with, and comply with Article III of Chapter 730 of the Suffolk County Code. 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. Suffolk County Local Laws Website Address Suffolk County Local Laws, Rules and Regulations can be accessed on the homepage of the Suffolk County Legislature. End of Text for Exhibit D 4 of 4 SUFFOLK COUNTY DEPARTMENT OF LABOR "· NOTICE OF APPLICATION TO CERTIFY COMPLIANCE WITH FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH RESPECT TO LA WFUL HIRING OF EMPLOYEES VERIFICATION OF SUBMISSION OF LAWFUL HIRING OF EMPLOYEES Suffolk County Code, Chapter 234 (2006) To Be Completed By the Lawful Hiring of Employees Unit DATE: TO: FROM: April 4~ 2012 Patricia Leonhardt, S. C. Real Property Tax Service Agency Bre,.~ .~/osenberg, Director TELEPItONE# 631 853-3808 EMPLOYER: Town of Sonthold VENDOR #: 11-6001939 REF. #: License Agreement 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) ,' '. SUFFOLK COUNTY DEPARTMENT OF LABOR- LIVING WAGE UNIT NOTICE OF NON-APPLICABILITY OF LIVING WAGE LAW Living Wage Law, Suffolk County Code, Chapter 347 (2001) To Be Completed By The Living Wage Unit DATE: April 4, 2012 TO: Patricia Leonhardt~ S. C. Real Property Tax Service Agency FROM: Brenda R/~berg, Director TELEPHONE# 631 853-3808 EMPLOYER: Town of Southoid VENDOR #: 11-6001939 REF. #: License Agreement 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 that this employer is not covered by the Suffolk County Living Wage Law (Local Law # 12-2001), and that the requirements of this law as currently constituted do not constrain this contractor at this time. Brenda Rosenberg Director of Living Wage Compliance Suffolk County Department of Labor LW-26 ,Suffolk County, New York Dcpar[mcnt of Labor SUFFOLK COUNTY DEPARTMENT OF LABOR- LABOR MEDIATION UNIT UNION ORGANIZING CERTIFICATION/DECLARATION -SUBJECT TO AUDIT If the following definition of "County Contractor" (Union Organizing Law Chapter 466-2) applies to the contractor's/beneflciary's business or transaction with Suffolk County, the contractor/beneficiary must complete Sections !, Ill, and IV below. If the following definitions do not apply, the contractor/beneficiary must complete Sections Il, III 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 writlen 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 an~' 0fthe above," Section I [ -~ The Union Organizing Law applies to this con~ract. I/we hereby agree to comply with all the provisions of Suffolk County Local Law No. 26-2003, the Suffolk County Union Organizing Law (the law) and, as 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, 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) l/we further agree that 1/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 costs incurred to assist, promote, or deter union organizing are made, I/we shall maintain records sufficient to show that no County funds were used for those expenditures and, as applicable, that no reimbursement from 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) l/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 in selecting or not selecting a bargaining representative; · I/we understand my/oar obligation to limit disruptions caused by pre-recognition labor disputes through the adoption of non-confrontational procedures for the resolution of pre-recognition labor disputes with employees engaged in the production of goods or the rendering of services for the County; and · I/we have or will adopt any or all of the above-referenced procedures, or their functional equivalent, to ensure the efficient, timely, and quality provision of goods and services to the County. I/we shall include a list of said procedures in such certification. :Section Il Check if Applicable The Union Organizing Law does not apply to this contract for the following reason(s): License A~reement - No Compensation D OL-LOI (3/5/08) Sufl'olk County, New York Department of Labor Section III Contractor Name: Contractor Address: Town of Southold Federal Employer ID#: 53095 Route 25 / P.O. Box 1179 Amount of Assistance: Southold, New York 11971 Vendor #: --- Contractor Phone #: 631-765-1889 Description of project or service: Use of Copyright Real Property Tax Map Digital Parcel Data for contracted work. 11-6001939 Section IV In the event any part of the Union Organizing Law, Chapter 466 &the Laws of Suffolk County, is found by a court of competent jurisdiction to be proempted by federal and/or state law, this certification/declaration sha~l be void ab initio, Section V I declare u~r penalty of perjury under the Laws of the State of New York that the undersigned is authorized to provide this Authorized Signature Date ~'rint Name and Title of Authorized Representative f DOL-LO 1 (3/5/08) Check if applicable ~UI~I~wOLK COUNI ¥ DEI'AK'I'MI~N I O1~' LAUOK - LIVIN(~ WA~iI~ UNIT LIVING WAGE CERTIFiCATION/DECLARATION - SUBJECT TO AUDIT I f either of the following definitions of 'compensation' (Living Wage Lsw Chapter 347 - 2) applies to the eontractor's/recipient's business or transaction with Suffolk County, the contractor/recipient must complete Sections !, 3, 4 below; and Form LW-! (Notice of Application for County Compensntion). If the fullowiag definitions do not apply, the contractor/recipient must complete Sections 2, 3 and 4 below. Completed forms must be submitted to the awnrding 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 the authority or approval of the County of Suffolk," or "Any service contract or subcontract let to a contractor with ten (I 0) 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 an expenditure equal to or greater than $10,000. For the purposes of this definition, the amount of expenditure for more than one contract for the same service shall be aggregated. A contract for the purchase or lease of goods, products, equipment, supplies or other property is not 'compensation' for the purposes of this definition." Section I The 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 rote of no less than $11.27 ($9.25 for child care providers) per hour worked with health benefits, as described in the Law, or otherwise $12.84 ($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) I/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 developed as a result of compensation 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 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 &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 at least once every three years to verify compliance with the provisions of the Law. (Chapter 347-4 C) The Living Wage Law does not apply to this contract for the following reason(s):. License Agreement - No Compensation Check if applicable Section III Contractor Name: Contractor Address: Com'actor Phone #: Town of Southold 53095 Route 25 / P.O. Box 1179 Southold, New York 1 t971 631-765-1889 Federal Employer ID#: I 1-6001939 Amount of compensation: -0- Vendor #: -- Description of project or service: Use of Coovrieht Real Property Tax Map Digital Parcel Data for contracted work. Section IV I declare underJ~nalty of perjury under the Laws of the State of New York that the undersigned is authorized to provide this certification, and that the ~e is true/aff~l corr. c.c,t.,~ Authorized Signature · Date Print Name and' Title o~ Authorized Repre~'eatat-l~,e ~ Revised 10/11 · ' SUFFOLK COUNTY DEPARTMENT OF LABOR NOTICE OF NON-APPLICABILITY FOR COMPLIANCE WITH FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES Suffolk Count~ Code, Chapter 234 t2006) To Be Completed By Awarding Agency The Lawful Hiring of Employees Law does not apply to the covered employer, contractor or sub- contractor, listed below. Please check the appropriate box to indicate the basis for non-applicability. Contractor Name: Town of Southold Federal Employer ID#: 11-6001939 Contractor Address: 53095 Route 25 / P.O. Box 1179 Southold, New York 11971 Contractor Phone#: 631-765-1889 Description of project or service: Use of Copyright Real Property Tax Map Digital Parcel Data for contracted work. 1) E~] Recipients of compensation from the County, through any grant, loan, subsidy, agreement, lease or other financial compensation agreement issued by the County or awarding agency, where such compensation is NOT one hundred percent (100%) funded by the County. 2) [_21 This law shall not apply to the subcontractors of not-for-profit corporations. Authorized o~y Signature Pe_~j bOc~s ~.~cti~c / ~;rcc~or Print Name and Title of Authorized County Representative Date LHE-6 (01/07)