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HomeMy WebLinkAboutDredging work overtime costsRESOLUTION 2011-840 ADOPTED DOC ID: 7413 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-840 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 6, 2011: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs supervisor Scott A. Russell to execute the Intermunicipal Agreement between the Town of Southold and the Suffolk County Department of Public Works relating to reimbursement overtime costs incurred for dredging work done prior to expiration of dredge windows and any extension thereof for dredging of particular creeks within the Town of Southold, in an amount not to exceed $6,800.00 per week, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Kmpski Jr., Evans, Russell ABSENT: Christopher Talbot ORIGINAL 03/05/12 Law No. 12- Payment by Town of Southold to County of Suffolk For Costs Associated with Overtime to Complete Dredging Operations in the Town of Southold INTERMUNICIPAL AGREEMENT WITH THE TOW3N OF SOUTHOLD IN CONNECTION WITH PAYMENT FOR COSTS ASSOCIATED WITH OVERTIME TO COMPLETE DREDGING OPERATIONS This Intermunicipal Agreement ("Agreement") is between the County of Suffolk ("County"), a municipal corporation of the State of New York, acting through its duly constituted Department of Public Works ("Department"), located at 335 Yaphank Avenue, Yaphank, New York 11980-9744; and Town of Southold ("Town"), a municipal corporation of the State of New York, having its principle offices located at 53095 Main Road, Southold, New York 11971. The parties hereto desire to make available to the County certain Town funds ("Funds") to be used toward the cost of overtime incurred by the County in connection with dredging operations within the Town of Southold ("Project"). Term of the Agreement: Shall be deemed to have commenced Tuesday, December 6, 2011 and shall continue through completion of dredging work within the Town of Southold, but not to go beyond Saturday, December 31,2011, Cost of the Agreement: A total amount not to exceed $6,800 weekly, through the term, payable by the Town to the County. Terms and Conditions: Shall be as set forth in Articles I through II1, and Exhibit 1, attached hereto and incorporated herein. In Witness Whereof, the parties hereto have executed the Agreement as of the latest date written below. TOWN OF/~FHOLD Name: Title: Date: Approved as to Legality: Dennis M. C~en, County Attorney By:/(' /( /I 'B_~siJul;~en Brandish Assistant ~ou~y Attorney Date: 01654 COUNTt(~F SUFFOLK Name: Regina~. Calcaterra Title: Chief Deputy County Executive Appr~_~d: Depar/cm*,13~ P/~blic Works _~..~ert Anderson, P.E., ~bmmissioner Date: ~/~ /l ~ Recommended: Highway Division William Hillman, P.E., Chief Engtneer ate: 1 03/05/12 Law No. 12- -00 Payment by Town of Southold to County of Suffolk For Costs Associated with Overtime to Complete Dredging Operations in the Town of Southold List of Articles & Exhibits Article I Description of Project and Services Article II Financial Terms and Conditions 1. Conflicting Provisions 2. General Payment Terms 3. Agreement Subject to Appropriation of Funds 4. Budget and Specific Payment Terms and Conditions Article III Suffolk County Legislative Requirements 1. Contractor's/Vendors Public Disclosure Statement 2. Living Wage Law 3. Use of County Resources to Interfere with Collective Bargaining Activities 4. Lawful Hiring of Employees Law 5. Gratuities 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas 7. Child Sexual Abuse Reporting Policy 8. Non Responsible Bidder 9. Use of Funds in Prosecution of Civil Actions Prohibited 10. Work Experience Participation 11. Suffolk County Local Laws Website Address Exhibit 1 Authorizing Resolutions 03/05/12 Law No. 12- -00 Payment by Town of Southold to County of Suffolk For Costs Associated with Overtime to Complete Dredging Operations in the Town of Southold Article I TERMS AND CONDITIONS Whereas, the Town of Southold agrees to pay the overtime costs incurred by the County for the dredge crew assigned to projects within the Town, in an amount of approximately $6,800 per week, in order to assist the County in expediting the progress of scheduled dredging work; and Whereas, by expediting the progress of the scheduled dredging work, it is the objective of the parties to create additional time within the dredge program schedule so that additional dredging within the Town of Southold may be performed this December; and Whereas, the Town of Southold will pursue the time extensions from any and all regulatory agencies for the additional locations under consideration, in the event additional dredging can be timely performed; and Whereas, the Town of Southold understands that overtime for the dredge crew must be authorized immediately to create sufficient time within the dredge schedule to complete additional locations. The Town of Southold agrees to pay incurred overtime costs regardless of the approval of the time extensions from the regulatory agencies; and Whereas, the Town of Southold recognizes that dredging is highly weather dependent and delays due to weather could jeopardize completing additional creeks within the Town of Southold notwithstanding the dedication of additional time to the dredging projects; and Whereas, the Town of Southold agrees to pay the overtime costs actually incurred during the term of this Agreement for dredging work within the Town of Southold, even if weather related delays prohibit the completion of additional locations; and Whereas, the Suffolk County Department of Public Works, Highway Division, Office of Bridges, Structures and Waterways will keep representatives from the Town of Southold apprised of the progress of the dredging projects. If the progress is not acceptable to the Town, the Town may direct the County to stop all future overtime authorizations., however, all associated overtime costs will be reimbursed by the Town of Southold. Now Therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree as follows: 1. Recitals: The parties acknowledge that the foregoing recitals are tree and correct and hereby incorporated into this Agreement as if fully set forth herein. 2. Term: This Agreement shall be deemed to have commenced on the date set forth on the first page of this Agreement ("Commencement Date"). In no event shall the Town be responsible for dredging overtime expenses incurred by the County after December 31, 2011. 3. Regulatory Extensions: The Town of Southold will immediately pursue the time extensions from any and all regulatory agencies for the additional locations under consideration, in the event additional dredging can be timely performed 03/05/12 Law No. 12- -00 Payment by Town of Southold to County of Suffolk For Costs Associated with Overtime to Complete Dredging Operations in the Town of Southold 4. Overtime Costs Incurred: Town of Southold understands that the County dredge crew was authorized to proceed with overtime work as of December 6, 2011 in order to create sufficient time within the dredge windows to pursue additional locations within the Town. The Town Agrees to pay the overtime costs incurred by the County during the term of this Agreement for dredging work within the Town of Southold, regardless of the approval of any time extensions from the regulatory agencies. ao Obligation to Pay: The Town understands that that there are no guarantees that any additional waterways will be dredged by the County beyond those already scheduled to be performed. The Town agrees to pay the overtime costs incurred by the County notwithstanding that additional locations may not be completed. The County acknowledges that the Town's obligation to pay overtime costs will terminate at the expiration of this Agreement and that the Town will have no obligation to pay the County for overtime costs incurred during future dreging project absent written authorization from the Town of Southold Town Board. bo Termination: The Department will advise the Town of progress on the dredging operations within the Town. In the event the progress is not acceptable to the Town, the Town may provide written notice to the Department directing that overtime work on the Town dredging projects cease. Notwithstanding such directive, the Town will remain liable to pay the overtime costs incurred by the County up to the time notice to stop was provided. Notices: Unless otherwise expressly provided herein, all notices shall be in writing and shall be deemed sufficiently given if sent by regular first class mail and certified mail, or personally delivered during business hours as follows: 1) to the Town, at the address on page 1 of the Agreement and 2) to the County at the Department, or as to either of the foregoing, to such other address, fax or e-mail as the addressee shall have indicated by prior written notice to the addressor. All notices received by the County relating to a legal claim shall be immediately sent to the Department and also to the County Attorney at 100 Veterans Memorial Highway, P.O. Box 6100, (Sixth Floor), Hauppauge, New York, 11788. The County shall report to the Contractor in writing within ten (10) days of the initiation by or against it of any legal action or proceeding in connection with or relating to the Agreement. Severability: It is expressly agreed that if any term or provision of the Agreement, or the application thereof to any person or circumstance, shall be held invalid or unenforceable to any extent, the remainder of the 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 the Agreement shall be valid and shall be enforced to the fullest extent permitted by law. Merger; No Oral Changes: It is expressly agreed that the Agreement represents the entire agreement of the parties and that ali previous understandings are herein merged in the Agreement. No modification of the Agreement shall be valid unless in written form and executed by both parties. 03/05/12 Law No. 12- -00 Payment by Town of Southold to County of Suffolk For Costs Associated with Overtime to Complete Dredging Operations in the Town of Southold Governing Law: The Agreement 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 Court for the Eastern District of New York, or, if appropriate, a court of inferior jurisdiction in Suffolk County. 10. No Waiver: It shall not be construed that any failure or forbearance of the County to enforce any provision of the Agreement in any particular instance or instances is a waiver of that provision. Such provision shall otherwise remain in full force and effect, notwithstanding any such failure or forbearance. No Intended Third Party Beneficiaries: The Agreement is entered into solely for the benefit of the County and the Contractor. No third party shall be deemed a beneficiary of the Agreement and no third party shall have the right to make any claim or assert any right under the Agreement. 11. Certification as to Relationships: The Contractor certifies under penalties of perjury that, other than through the funds provided in the Agreement and other valid agreements with the County, there is no known spouse, life partner, business, commercial, economic, or financial relationship with the County or its elected officials. The Contractor also certifies that there is no relationship within the third degree of consanguinity, between the Contractor, any of its partners, members, directors, or shareholders owning five (5%) percent or more of the Contractor, and the County. End of Text for Article I 03/05/12 Law No. 12- -00 Payment by Town of Southold to County of Suffolk For Costs Associated with Overtime to Complete Dredging Operations in the Town of Southold o Article H Financial Terms and Conditions and Budget Conflicting Provisions In the event of any conflict between any provision in this Article II and an Exhibit to this Agreement, the Exhibit shall prevail unless it is expressly stated in the conflicting provision in this Article I1 that it shall prevail over the Exhibit. General Payment Terms a. Presentation of Town Payment Voucher In order for payment to be made by the Town to the County pursuant to this Agreement, the County shall prepare and present a Payment Voucher which shall document the weekly overtime dredging costs incurred by the County. b. Payment by County Payment shall be made to the County of Suffolk, promptly, within two weeks of submission of the Payment Voucher. Specific Payment Terms and Conditions a. The Town shall pay the County a weekly amount not to exceed $6,800.00 or the actual costs incurred by the County for the dredging overtime costs, whichever is less. b. Duties upon Termination i.) The County shall discontinue the use of overtime as directed in a termination notice from the Town. ii.) The Town shall pay the County all overtime costs incurred for dredging work rendered through the date of termination. iii.) The town shall be released from any and all liability under the Agreement, effective as of the date of the termination notice. End of Text for Article II 03/05/12 Law No. 12- -00 Payment by Town of Southoid to County of Suffolk For Costs Associated with Overtime to Complete Dredging Operations in the Town of Southold Article III Suffolk County Legislative Requirements Contractor's/Vendor's Public Disclosure Statement It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of section A5-7 of Article V of the Suffolk County Code. Unless certified by an officer of the Contractor as being exempt from the requirements of section A5-7 of Article V of the Suffolk County Code, the Contractor represents and warrants that it has filed with the Comptroller the verified public disclosure statement required by Suffolk County Administrative Code Article V, Section A5-7 and shalI file an update of such statement with the Comptroller on or before the 31st da~v of January in each year of the Agreement's duration. The Contractor acknowledges that such filing is a material, contractual and statutory duty and that the Pallure to file such statement shall constitute a material breach of the Agreement, for which the County shall be entitled, upon a deternfination that such breach has occurred, to damages, in addition to all other legal remedies, of fifieen percent (15%) of the amount of the Agreement. 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 Contractor to read, become familiar with, and comply with the requirements of Chapter 575, of the Suffolk County Code. This Agreement is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific exemptions apply, all employers (os defined) under service agreements 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 shalI 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 Forn~ LW-1; entitled "Suffblk County Depamnent of Labor Living Wage Unit Notice of Application for County Compansation (Agreement)" Suffolk County Living Wage Forar LW-38; entitled "Suffolk County Department of Labor Living Wage Unit Living Wage Certification/Declaration Subject To Audit" Use of County Resources to Interfere with Collective Bargaining Activities It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Chapter 803 of the Suffolk County Code. County Contractors (as defined by section 803-2) shall comply with ail requirements of Chapter 803 of the Suffolk County Code, including the following prohibitions: a. The Contractor shall not use County funds to assist, promoto, or deter union organizing. b. No County funds shall be used to reimburse the Contractor for any costs incurred to assist, promote, or deter union organizing. c. /he Contractor shall not use County funds to assist, promote, or deter union organizing. d. No employer shall use County property to hold a meeting with employees or supervisors if the purpose of such meeting is to assist, promote, or deter union organizing. If the Services are performed on County property, the Contractor must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, non- intimidation agreement, and a majority authorization card agreement. If the Services are for the provision of human services and are not to be performed on County property, the Contractor must adopt, at the least, a neutrality agreemem. Under the provisions of Chapter 803, 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 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 be the duty of the Contractor to read, become familiar with, and comply with the requirements of Chapter 353 of the SuffoIk County Code. This 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, i~nding, 03/05/12 Law No. 12- -00 Payment by Town of Southold to County of Suffolk For Costs Associated with Overtime to Complete Dredging Operations in the Town of Southold appropriation, payment, tax incentive, agreement, 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 agreement, 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 agreement, subcontract, license agreement, lease or other financial compensation agreement issued by the County or awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit to the covered employer a completed sworn affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as the case may be. The affidavit shall be executed by an authorized representative of the contractor, subcontractor, or owner, as the case may be; shall be part of any executed agreement, 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 agreement and upon the renewal or amendment of the agreement, and whenever a new contractor or subcontractor is hired under the terms of the agreement. 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 broach of the Agreement. Under the provisions of the Lawful Hiring of Employees Law, the County shall have the authority to terminate the Agreement tbr 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-I; entitled "Suffolk County Department of Labor Notice Of Application To Certify Compliance With Federal Law (8 U.S.C. SECTION 1324a) With Respect To Lawful Hiring of Employees." "Affidavit Of Compliance With The Requirements Of 8 U.S.C. Section 1324a With Respect To Lawful Hiring Of Employees" Form LHE-2. Gratuities It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Chapter 664 oftbe Suffolk County Code. The Contractor 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. Prohibition Against Contracting with Corporations that Reincorporate Overseas It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of sections A4-13 and A4-14 of Article IV of the Suffolk County Code. The Contractor represents that it is in compliance with sections A4-13 and A4-14 of Article IV of the Suffolk County Code. Such law provides that no agreement 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 reincorporated 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 the requirements of Article I1 of Chapter 880 of the Suffolk County Code. The Contractor 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 Agreement with regard to child sexual abuse reporting policy. Non Responsible Bidder It shall be the duty of the Contractor to read, become 03/05/12 Law No. 12- -00 Payment by Town of Southold to County of Suffolk For Costs Associated with Overtime to Complete Dredging Operations in the Town of Southold familiar with, and comply with the requirements of Article II of Chapter 189 of the Suffolk County Code. Upon signing the Agreement, the Contractor certifies that it has not been convicted of a criminal offense within the last ten (10) years. The term "conviction" shall mean a finding of guilty a~er a trial or a plea of guilty to an offense covered under the provision of section 189-5 of tbe Suflblk County Code under "Nonresponsible Bidder." Use of Funds in Prosecution of Civil Actions Prohibited it shall be the duty of the Contractor to rea& become familiar with, and comply with the requirements of section 590-3 of Article III of Chapter 590 of the Sufiblk County' Code. The Contractor shall not use any of'the moneys, in part or in whole, and either directly or indirectly, received under the Agreement in connection with the prosecution of any civil action against the County in any jurisdiction or any judicial or administrative forum. 10. 11. Work Experience Participation In accordance with Local Law No. 44-2009, (Suffolk County Code Chapter 419-14), 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 fimding. 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 found on the Suffolk County website at http://www.co.suffolk.n¥, us. End of Text for Article III 03/05/12 Law No. 12- -00 Payment by Town of Southold to County of Suffolk For Costs Associated with Overtime to Complete Dredging Operations in the Town of Southold Exhibit 1 COUNTY AND TOWN AUTHORIZING DOCUMENTS 1-A Suffolk County Legislative Resolution No. 315-2012, "Authorizing an Intermunicipal Agreement with the Town of Southold, and Accepting Funds Associated with Overtime Costs for Dredging of County Waters within the Town of Southold" 2-B Town of Southold Board Resolution No. 2011-840 Authorizing the Town of Southold to enter into an Intermunicipal Agreement with the County of Suffolk, and Allocating $6,800 per week for overtime costs associated with the Dredging of County Waterways within the Town of Southold ~0 Intro. Res. No. 1335-2012 Laid on Table 3/27/2012 Introduced by Presiding Officer, on request of the County Executive RESOLUTION NO. ,..~,..5-' -20'12, AUTHORIZING AN INTERI~UNIClPAL AGREEMENT WITH THE TOWN OF SOUTHOLD, AND ACCEPTING FUNDS ASSOCIATED WITH OVERTIME COSTS FOR DREDGING OF COUNTY WATERS WITHIN THE TOWN OF SOUTHOLD WHEREAS, as a result of discussions between the Town of Southold and the County of Suffolk, a determination was made that it would be in the best interest of the Town of Southold to pay to the County of Suffolk costs associated with overtime for the Suffolk County Dredge Crew in an effort to expedite the dredging schedule so that additional creeks within the Town may be dredged this December; and WHEREAS, pursuant to Town of Southold Resolution No. 2011-840, the Town has authorized the payment of an amount up to $6,800 per week for overtime costs incurred in connection with the expedited dredging operations; and WHEREAS, pursuant to Town of Southold Resolution 2011-840, the Towrt Board also authorized the Town Supervisor to enter into an Intermunicipal Agreement with the County to pay the costs associated with overtime for the Suffolk County Dredge Crew to perform dredging within the allotted timeframe imposed, by regulatory agencies; and WHEREAS, as the New York State Department of Environmental Conservation is the SEQRA lead agency for all dredging projects, this project is not reviewed by the Suffolk County Council on Environmental Quality; now, therefore be it RESOLVED, that this Legislature, being the lead agency under the State Environmental Quality Review Act ("SEQRA"), Environmental Conservation Law Article 8, hereby finds and determines that this law constitutes a Type II aclion, pursuant to Section 617.5 (c) (20) and (27) of Title 6 of New York Code of Rules and Regulations ("NYCRR"), in that the law authorizes routine or continuing agency administration and management that does not in~ude new programs or major reordering of priorities and adoption of these regulations, policies and procedures of this action. Since this law is a Type II action, the Legislature has no further responsibilities under SEQRA; and be it further 2"" RESOLVED, that the County Legislature hereby authorizes the County Executive, or his designee, to execute an Intermunicipal Agreement with the Town of Southold for the purpose of transferring funds to the County of Suffolk to pay the overtime costs incurred in connection with expediting the dredging program schedule; and be it further 3'~ RESOLVED, that the County Legislature hereby authorizes the County Executive, or his designee, to execute any and all contract documents related to this project, on behalf of the County of Suffolk providing for Suffolk County's participation in the above referenced project; and be it further 4a RESOLVED, that the County Comptroller is hereby authorized and directed to accept and place funds from the Town of Southold for these services in the amount not to exceed $6,800 per week, into Fund 001-1490-1120 (Overtime Salaries); and be it further 5~ RESOLVED, that the Intermunicipal Agreement and all other contract documents, shall be subject to the approval of the County Attorney. DATED: APR 2 ~ 2012 / County Executive of Suffolk County Date: 2 SUFFOLK COUNTY CounW Legislature RIVERHEAD, NY ~t~f~ L~ to Certify ~uzt I, TIM LAUBE, Clerk of the County Legislature of the Cou~ of Su~lk, ~e ~m~r~ the ~o1~ ropy of mmlutlon with ~ original ~lution now ~ file in this offim, and which w~ duly a~pt~ by ~e ~nW L~islatum of m~ ~nW on April 24~ 2012 and ~at ~e ~me is a true and corr~ transcript of mid resolution and of the w~le t~r~f, I~ ~s~ ~eo~ I have hereunto set my hand and the offidal ~al of ~e Coun~ L~isla~re of the ~un~ ~ S~olk. Clen~ of the Legislature 03/05/12 Law No. 12- -00 Payment by Town of Southold to County of Suffolk For Costs Associated with Overtime to Complete Dredging Operations in the Town of Southold RESOLUTION 2011-840 ADOPTED DOC ID: 7413 THIS IS TO CERTI~"Y THAT THE FOLLOV~ING RESOLUTION NO. 2011-~40 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECE1WBER 6, 2011: RESOLVED that the Town Board of thc Town of Southold hereby authorizes and ~ Supexvisor Scott A. Russell to execute the Intermunicipal Agrenmen! between the Town of Southold and the Suffolk County Departmunt of Public Works relating to reimbursement ov~-rtime co~s incun~ for dredging work done prior to expiration of dredge windows and any extension thereof for dredging of particular creeks within the Town of Southold, in an amount not to exceed $6,800.00 per w~ek, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUSI MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Evans, Ruzsell ABSENT: Christopher Talbot 12 ~r ~e ~ eeh~iom ~ ,,~.~ C~mu~o~' ~miom o~ ~ ~ 46r~.z) .m?~ ~ ~. ~!][ C~ok if I~q~ms~nt of Law upon m~m. (¢hapas. 4~ 1) · .l/v~ will not r~qulr~ m unployte, individuah~ m. in a ~tmp, to ,~,~l__ a nm~in~ m. an ewut that h ~ m influm~ his ~r her dncisi~n in P..loctin~ m- not sde~tin~ a h[ph~_~ repu~smtive~ The Unim C~p~izing Law does not apply to d~ conlract for l~e f~liowin~ nslson(s): Doz..-z,oi (~/~) SuffoIk Coumy, N~v Yodc Town of Southold PO Box 1179 Southold NY 11971 765-1939 Amount of Asais~nce: V~ #: ~pfio~of~'ojectofs~ce: IMA - Payment for Costs Associated With Overt/me to Complete Dredging Print Name and Title of Authorized Rel~meff~a~ve ' // h the event any part of the LM/on O~r.a-izing Law, Chap~ 466 of the Laws of 8uffo~ ~, ~ f~d ~ a ~ ~t jutisdiotien to be preemlm~ by f~kral and/or slate law, ~ ee~i_~cafi~n/dw, lan~i~n shall be void ab Section V I declare under ' i trader the Laws of {be Slate of New Yet~ lhat the und~'i~ned is aul~xiz~d to {xovide Ibis DOL-LOI SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT LIVING WAGE CERT[F][CATION/DECLARATION - SUBJECT TO AUDIT If either of the following definitions of 'compensation' (llv~g Wage Law Chapter 347 - 2) applies to the contractor's/recipient's busi~es or transaction with S~ffolk County, the contractor/recipient m~st complete Sections 1, 3, 4 below; and Form LW-1 (Notice of Applicetion for County Compensation). If the following definitions do not apply, the contractor/recipieat must complete Sectiom 2, 3 and 4 below. Completed fores must be submitted to the awarding agency. "3my 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 tan (10) employees by or through the authority or approval of ~he Coumy of Suffolk,' or "Any service con~ct or subcontract let to a conla-ector 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 whore services are incidental to the delivery of produc~, eqlt~pmant or commodities) which involve an expenditure equal to or greater flum $10,000. For the purpo~s of this definition, the amount of expenditure for more than one contract for the same service shall be aggregated. A conUact for the purcha~e or lesse of goods, products, equipment, supplies or other n~perty is not 'compensation' for thc purposes of tiffs definition2' Sectioa I ~,'~.~i¥"~"~n~n~ngWagel. aw applies to fl~ contr~r.t, lJwe bereby ~ar~ to c(~nply with all fl~ p. rovisio.n.*, of SuffOlk County ~Loeal I_aw No. 12-2001, thc Suffolk Com~ £h~g Wage Law (the l_aw) and, ~ ~uch, will p~ovide to ~11 fuli, p~-lim* ~ or t~mpor~ employed pemom who ~ work or ~ ~rvi~ on or for a proj~,., m~tor, ~h~t or I .~'~ where this company has received compensafion,fromthe..Coon..tyofSuffolkasde .fi...nM... . m the Law (compensation) .a [ t/ j wagerate~fn~essth~n$~27($9~25f~rchi~dcerepr~vider~)perh~orw~rkedwithhealthbane~t~nsdescribodm the Law, or otherwise $12.84 ($10.50 for child care providers) per hour or the rates as may b~ adjns~d annually in accordance with the Law. (Chapter 347-3 B) Check if applicable I/we further agree that any tenant or leascholder of this compauy that employs at least ten (10) persons and occupies property or uses equipment or property that is improved or developed as a re, suit of compemm~ion or any contractor or subconffactor of this company that employs at least ~ (10) persons in pro(Lm~ing or pmv~lin~ goods m' services to this company that are used in the project or mat~ for which this company has received compensation shall comply with all the provisions of the Law, including those specified above. (Chapter 347-2) Section H liwe furdaer agree to pe, mlt acoes~ to work sites and relevant payroll records by authorized County repre~-ntatives for the purpose of monitoring compliance with regulations under figs Chapter of the Suffolk County Code, investigating employee complaints of noncompliance and evel-,~ the operation and effects of this Chap~, indualn~ the production for inape~on & copying of payroli records for any or all employees for fl~ term of lt~ c~Uect or for five (5) years, whichever period of compliance is longer. All payroll and benefit records required by the County will bs maintaln~ for inspection for a similar perind of lime. (Chapter 347-7 D) The Ccomy Department of Labor ahall review th~ r~cords of any Covered Employer at least once every three years to v ify compuance with the pro ions Law. (C apier S47-4 C) Thc Living Wage Law does not apply to tiffs contract for the following rcoann(s): Check if applicable Section m Contractor Name: ContractorAddress: f t~. ~OX [/~ Amountofcompansation: ! · ConU~tor Phone #: Desctiptionofprojectorservice: INA - payment for costs assoc, with ovettim~ to complete clredgin9 projs. Section IV I declare underj~alty of penury under the Laws of the State of New York that the undersigned is anthorized to provide this ceffification, Au~hl~u~d ~ianatu~ '- -- -- . Date / ' / lrrint Name Xitle or ^tlthgtiz P. epres6 v Revised 10/11 2) NOT-FOR-PROI~rr: YES__ NO__ (SUBMrr PROOF OF IRS NOT-FOR-PROIqT STATUS) 3) VENDOR#: 4) **CONTRACT ID: x/iA (If known) (If k~3own) 7) TERM OF CONTRACT OR EXTENSION (PROVIDE DATES): 8) AMOUNT OF CONI'RACT OR EXTENSION: 9) BRIEF DESCRIPTION OF PROJECT OR SERVIC~ Payment for costs associated with overtime to complete dredging projects SUBCONTRACTOR: 1) ADDRESS: 2) VENDOI~: 4) CONTACT: 3) TELEPHONE #: DESCRIPTION OF COMPENSATION, PROJECT OR SERVICE: ~rlDENC~ OF COMPLL~¢E: COPII~ OF THE FOL~G O~ T~ r~OF ~R ~CH E~E ~R ~ '~ PE~ODS ~T ~R~ ~ ~zO~ CO~ COD~ ~R 234, SEC-lION 5 (~: ~ U~t~ Smtm ~; or K ~id~t a~n ca~ or a~ r~fion ~; or C. ~ ~ ~g ~at ~on w~ ~ ~ ~e Uni~ ~; or D. (1) a d~er's H~e, ff ~ ~nm~ a phot~ph of the ~dual; and (2)a ~! ~ufi~ a~unt numar ~rd (o~er ~an such a ~rd ~ich s~ on i~ h~ ~at ~e.~n~ of~e ~ d~ not au~o~ emplo~ent ~ the Uni~ ~t~); or E. emp~ent autho~n d~m2~ such u an H-lB ~ H-2B ~a, and ~1 ~a, or o~er wo~ ~a as may ~ autho~ ~ ~e Uni~ S~t~ ~vemment at cover~ em~oy~. LH~I (03/0~ AFFIDAVIT OF COMPLIANCE WITH THE REQUIREMENTS OF 8 U.S.C. SECTION 1324a WITH RF_.~PECT TO LAWFUL I:IlRING OF EMPLOYEES State of New York ) ~(Print Name of Deponent) 1.1am owner/authorized representative of 7~0/~ t~ ~o 64 7~0//. (Circle one) -~ame of Co~ Business, Company) 2. I certify that I have complied, in good faith, w/th the requirements of Title $ of the United States Code (U.S.C.) section 1324a (Aliens and Nationality) with respect to the hiring of covered employees and wi~ respect to the alien and nationality status of the owners thereof, as set forth/n Suffolk County Code Chapter 234 (2006). Sworn to before me this ~day (0 /07) SUFFOLK COUNTY DEPARTMENT OF LABOR - L/V/NG W.,,I G£ UNIT NOTICE OF APPLICA~'ION FOR COUNTY ~:0MPKNSAT~ON (Co~traet) Living Wage Law, Suffolk County Code, Chapter 347 (2001) ro c, pt ..t/nmp , vcont mr ,I 1) NAME: TERM OF CONTRACT (DATES):. 3) CONTRACT ID #:, ~ zw TELEPHONE#: ~oJ/'-"/~,3-"~(o~.~ 8) PROJ-~CT NAME: (IF DIFFERENT FROM #1) AMOUNT: 10) AWARDING AGENCY: Suffolk County ~pt. of Vubl.ic Works 11) BRIEF DESCRIFHON OF PROJECT OR SERVICE: agreement with Town of Southold in connection With na~m~nt for overtime costs to do dredging 12) PROJECF~.I~ EMPLOYMENT N~.l~.nS: (attach a statement listing, by Job classification, the total wOrkforce dedicated to performing this contract or service, including calculation of estimated net increase or decrease in jobs as n result of funding). 13) PRO~ WAGE LEVELS: (attach a statement listing projected wage levels, compensated days off and medical benefits for total workforce dedlca'ted to fnlfilling the terms of this contract, broken down annually for each year of the term of the contract). LW-l(revised 4/05) ·