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HomeMy WebLinkAboutOperation Shield~l~ RESOLUTION 2012-649 ~ff ADOPTED DOC ID: 8076 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-649 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 28, 2012: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southoid and the County of Suffolk, acting through its duiv constituted Sheriff's Office~ in connection with the NYS Office of Homeland Security Grant Program regarding grant funds in the sum of $110,500.00 for Operation Shield administered by the Suffolk County Sheriff's Office in partnership with the East End Marine Task Force, for the term commencing on January 1, 2012 and ending on December 31, 2012, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Law ho. 12-SH-024 Operation Shield Agreement ORIGINAL This Contract ("the Contract") is between the County of Suffolk ("the County"), a municipal corporation of the State of New York, acting through its duly constituted Sheriff's Office ("the Department"), located at 100 Center Drive, Riverhead, New York 11901; and The Town of S outhold ("the Contractor"), having an address at 59035 Main Road, Southold, New York 11971. Term of the Contract: January 1, 2012 through December 31, 2012 Total Cost of the Contract: Shall not exceed $7,238.00, as set forth in Article II, attached. Terms and Conditions: Shall be as set forth in Articles I and II and Exhibits 1 and 2, attached hereto and made a part hereof. In Witness Whereof, the parties hereto have executed the Contract as of the latest date written below. Tow By:_ Name: Scott A. Russell Title: Supervisor Fed. Tax ID #11-600-1939 Date c/~to-ltv ~r~.~t. 4tA_~.~.5' ~/?, hereby certifies under penalties of perjury that I am an officer of - .~Otx/~q O'P ....~Or..t~/dthat l have read and l am familiar with §A5-7 of Article V of the Suffolk County Code, and that .'.~t~d// O~ _~'"ev.r,t~rdmeetsall requirement~Ji~ualify for e~ption t.h~e.reuna~. Name Date COUN~OF SUFFOLK By: /Ju1 Name: · .. Title: C46e f De~dI~_' 'C~'fiW'~E~e cut iv e Date: Approved: Suffolk County Sheriff's Office Title Sheriff/ ] Date O Approved as to LegalityP~ ~ 13' ~Q~( ~' 0 1Llf~',- ~,...;o ~ ~hon ~oun~ Attnrnev B ~a~r en B~ddish Assist~t Co¢nW ~omey IllllllIII 0016862 · Law No. 12-SH-024 Operation SHIELD List of Articles & Exhibits Article I Description of Services Article II Financial Terms and Conditions 1. Conflicting Provisions 2. General Payment Terms 3. Agreement Subject to Appropriation of Funds 4. Comptroller's Rules and Regulations for Consultant's Agreements 5. Specific Payment Terms and Conditions 6. Budget Exhibit H County Terms and Conditions 1. Elements of Interpretation 2. Meanings of Terms 3. Contractor Responsibilities 4. Qualifications, Licenses, and Professional Standards 5. Notifications 6. Documentation of Professional Standards 7. Credentialing 8. Engineering Certificate 9. Termination 10. Indenmification and Defense 11. Insurance 12. Independent Contractor 13. Severability 14. Merger; No Oral Changes 15. Set-OffRights 16. Non-Discrimination in Services 17. Nonsectarian Declaration 18. Governing Law 19. No Waiver 20. Confiicts of Interest 21. Cooperation on Claims 22. Confidentiality 23. Assignment and Subcontracting 24. Changes to Contractor 25. No Intended Third Party Beneficiaries 26. Certification as to Relationships 27. Publications 28. Copyrights and Patents 29. Arrears to County 30. Lawful Hiring of Employees Law in Connection with Coaracts for Construction or Future Construction 31. Record Retention 32. Notice 2 Law'No. 12-SH-024 Operation SHIELD EXHIBIT 1 Suffolk County Legislative Requirements 1. Contractor's/Vendor's 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. Youth Sports 11. Work Experience Participation 12. Suffolk County Local Laws Website Address 3 · Lav~No. 12-SH-024 Operation SHIELD Article I Description of Services Whereas, the County has received federal pass-through grant funds from the New York State Office of Homeland Security for an "Operation Shield",' and Whereas, the County has accepted and appropriated said funds via Resolution No.~('1-2012; and Whereas, the Contractor will provide personnel to assist the County in the "Operation Shield" exercises as set forth herein; Now Therefore, in consideration of the mutual provisions and covenants hereafter set forth, the parties hereto agree as follows: 1. Conflicting Provisions In the event of any conflict between any provision in this Article I and an exhibit to this contract, the exhibit shall prevail unless it is expressly stated in the conflicting provision in this Article I, that it shall prevail over the exhibit. The Contractor will assist the County in carrying out two New York State funded "Operation Shield" exercises by providing personnel for maritime enforcement. End of Text for Article I 4 Law No. 12-SH-024 Operation SHIELD Article II Financial Terms and Conditions 1. Conflicting Provisions In the event of any conflict between any provision in this Article II andan exhibit to this contract, the exhibit shall prevail unless it is expressly stated in the conflicting provision in this Article II, that it shall prevail over the exhibit. 2. General Payment Terms a. Presentation of Suffolk County Payment Voucher In order for payment to be made by the County to the contractor for the Services, the contractor shall prepare and present a Suffolk County Payment Voucher ("Voucher"), which shall be documented by sufficient, competent and evidential matter. b. Voucher Documentation To the extent applicable to the Contract, the Contractor shall furnish the County with detailed documentation in support of the payment for the Services or expenditures under the Contract e.g. dates of the Service, worksite locations, activities, hours worked, pay rates, program budget categories, and time records, certified by the Contractor as true and accurate, of all personnel for whom expenditures are claimed during the period. c. Payment by County Payment by the County shall be made within thirty (30) days after approval of the Voucher by the Comptroller. d. Final Voucher The acceptance by the Contractor of payment of all billings made on an approved Voucher shall operate as and shall be a release of the County from all claims by the Contractor through the date of the Voucher. 3. Agreement Subject to Appropriation of Funds The Contract is subject to the amount of funds appropriated and any subsequent modifications thereof by the Legislature, and no liability shall be incurred by the County beyond the amount of funds appropriated by the Legislature for the Services. 4. Comptroller's Rules and Regulations for Consultant's Agreements The Contractor shall comply with the "Comptroller's Rules and Regulations for Consultant's Agreements" as promulgated by the Department of Audit and Control of Suffolk County and any amendments thereto during the term of the Contract. The County shall provide the Contractor 5 Law'No. 12-SH-024 Operation SHIELD with a copy of any amendments to the "Comptroller's Rules and Regulations for Consultant's Agreements" during the term of the Contract. The Contractor agrees to maintain its accounts in the performance of the Contract in accordance with generally accepted accounting principles, and as may otherwise be directed by the Comptroller. The Contractor agrees to retain all accounts, records and other documents relevant to the Contract for six (6) years after final payment. All payments made under the Contract are subject to audit by the Comptroller. If such an audit discloses overpayments by the County to the Contractor, within thirty (30) days after the issuance of an official audit report by the Comptroller, the Contractor shall repay the amount of such overpayment by check to the order of the Suffolk County Treasurer. 5. Specific Payment Terms and Conditions a. Payments Contingent upon State/Federal Funding Payments under the Contract may be subject to and contingent upon continued funding by State and/or Federal agencies. In such event, no payment shall be made until the Contractor submits documentation in the manner and form as shall be required by State and/or Federal agency. If late submission of claims precludes the County from claiming State or Federal reimbursement, such late claims shall not be honored. If, for any reason, the full amount of such funding is not made available to the County, the Contract may be terminated in whole or in part, or the amount payable to the Contractor may be reduced at the discretion of the County, provided that any such termination or reduction shall not apply to allowable costs incurred by the Contractor prior to such termination or reduction, and provided that money has been appropriated for payment of such costs. b. Denial of Aid If a State or Federal government agency is funding the Contract and fails to approve aid in reimbursement to the County for payments made hereunder by the County to the Contractor for expenditures made during the Term because of any act, omission or negligence on the part of the Contractor, then the County may deduct and withhold from any payment due to the Contractor an amount equal to the reimbursement denied by the state or federal government agency, and the County's obligation to the Contractor shall be reduced by any such amounts. In such an event, if there should be a balance due to the County after it has made a final payment to the Contractor under the Contract, on demand by the County, the Contractor shall reimburse the County for the amount of the balance due the County, payable to the Suffolk County Treasurer. The provisions of this subparagraph shall survive the expiration or termination of the Contract. c. Budget The Contractor expressly represents and agrees that the Budget below, to the extent applicable, lists all personnel and/or ail other costs of the Services. . Law No. 12-SH-024 Operation SHIELD d. Salaries The Contractor shall not be eligible to receive any salary reimbursement until proof of deposit or payment of all withholding and payroll taxes to the Federal/State governments has been provided to the County. e. Salary Increases No salary, wage, or other compensation for the Services shall be increased over the amount stated in the Budget without the prior written approval of the County. Budget Rank O/T Hours # Assigned Sr. Bay Constable 64 1 Bay Constable 80 1 Salary& Fringe $54.6O $46.8O Total $3,494.00 $3,744.O0 $7,238.00 End of Text for Article II · Law No. 12-SH-024 Operation Shield Exhibit 1 Suffolk County Legislative Requirements Contractor's/Vendor's Public Disclosure Statement It shall be the duty of the Contractor to reed, 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, ~ae Contractor represents and warrants that it has filed with the Comptroller the verified public disclosure statement required by Suffolk County Administrative Code Article V, Section A5-7 and shall file an update of such statement with the Comptroller on or before the 31 st day of January in each year of the Contract's duration. The Contractor acknowledges that such filing is a material, 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 fifteen percent (15%) of the amount of the Contract. Required Form: Suffolk County Form SCEX 22; entitled "Contractor's/Vendor's Public Disclosure Statement" 2. Living Wage Law It shall be the duty of the Contractor to reed, become familiar with, and comply with the requirements of Chapter 575, of the Suffolk County Code. This Contract is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific exemptions apply, all employers (as defined) under service contracts and recipients of County financial assistance, (as defined) shall provide payment of a minimum wage to employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law of the County of Suffolk. Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate circumstances, to terminate the Contract and to seek other remedies as set forth therein, for violations of this Law. Required Forms: Suffolk County Living Wage Form LX3bl; 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" Use of County Resources to Interfere with Collective Bargaining Activities It shall bc the duty of the Contractor to reed, become familiar with, and comply with the requirements of Article I 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 Contractor shall not use County funds to assist, promote, or deter union organizing. b. No County funds shall be used to reimburse the Contractor for any costs incurred to assist, promote, or deter union organizing. c. The Contractor shall not use County funds to assist, promote, or deter union organizing. d. No employer shall use County property to hold a meeting with employees or supervisors if the purpose of such meeting is to assist, promote, or deter union organizing. If the Services are performed on County property, the Contractor must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, non- intimidation agreement, and a majority authorization card agreement. If the Services are for the provision of human services and are not to be performed on County property, the Contractor must edopt, 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." Lawful Hiring of Employees Law It shall be the duty of the Contractor to reed, become familiar with, and comply with the requirements of Article II of Chapter 353 of the Suffolk County Code. This Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk. It provides that all covered employers, (as defined), and the owners thereof, as the case may be, that are recipients of compensation from the County through any grant, loan, subsidy, funding, appropriation, payment, tax incentive, contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or an awarding agency, where such compensation is one hundred Law No. 12-SH-024 Operation Shield percent (100%) funded by the County, shall submit a completed sworn affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered 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. Ail contractors and subcontractors (as defined) of covered employers, and the owners thereof, as the case may be, that are assigned to perform work in connection with a County contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit to the covered employer a completed sworn affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section i324a with respect to the hiring of anvered 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 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 terminatethe Contract for violations of thls 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 Depamnent of Labor - 9 Notice Of Application To Certify Compliance With Federal Law (8 U.S.C. SECTION 1324a) With Respect To Lawful Hiring of Employeea" "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 reed, become familiar with, and comply with the requirements of Chapter 664 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 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 ofsactions 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 pmvides that no contract for consulting services or goods and services shall be awarded by the County to a business previously incorporated within the U.S.A. that has reincorporated outside the U.S.A. Law'No. 12-SH-024 Operation Shield 7. 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 II 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 Contract with regard to child sexual abuse reporting policy. 8. Non Responsible Bidder It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Article II of Chapter 189 of the Suffolk County Code. Upon signing the Contract, the Contractor certifies that it has not been convicted of a criminal offense within the last ten (10) years. The term "conviction" shall mean a finding of guilty after a trial or a plea of guilty to aa offense covered under the provision &section 189-5 of the Suffolk County Code under "Nouresponsible Bidder." Use of Funds in Prosecution of Civil Actions Prohibited It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Article III of Chapter 893 of the Suffolk County Code. The Contractor shall not use any of the moneys, in pur~ or in whole, and either directly or indirectly, received under the Contract in connection with the prosecution of any civil action against the County in any jurisdiction or any judicial or administrative forum. 10. 11. Youth Spor~ It shall be the duty of the Contractor to read, become familiar with, and comply with Article Ili 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. Work Experience Participation If the Contractor is a not-fur-profit or governmental Agency or institution, each of the Contractor's locations in the County at which the Services are provided shall be a work site for public-assistance clients of Suffolk County pursuant to Chapter 281 of the Suffolk County Code at all times during the Term of the Contract. If no Memorandum &Understanding ("MOU") with the Suffolk County Department of Labor for work experience is in effect at the beginning of the Term of the Contract, the Contractor, if it is a not-for profit or governmental agency or institution, shall enter into such MOU as soon as possible altar the execution of the contract and failure to enter into or to perform in accordance with such MOU shall be deemed to be a failure to perform in accordance with the Contract, for which the County may withhold payment, terminate the Contract or exercise such other remedies as may be appropriate in the circumstances. 12. Suffolk County Local LawsWebsite Address Suffolk County Local Laws, Rules and Regulations can be accessed on the Suffolk County homepage of the Suffolk County Legislature. l0 Rev. ~/9/12 · Consultan~Personal Services Exhibit 2 Exhibit 2 County Terms and Conditions the New York Superintendent of Insurance as its lawful agent for service of process; or 1. Elements of Interpretation As used thmughont the Contract: a. Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa. Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons, and shall include successors and assigns. b. Capitalized terms used, but not otherwise defined herein, shall have the meanings assigned to them in the Contract. 2. Meanings of Terms As used in the Contract: "Comptroller" means the Comptroller of the County of Suffolk. "Contraef' means all terms and conditions herein forming all rights and obligations of the Contractor and the County. "Contractor" means the signatory person, partnership, corporation, association or other entity, its officers, officials, employees, agents, servants, sub-contractors and any successor or assign of any one or more of the foregoingpefforming the Services. "County" means the County of Suffolk, its departments, and agencies. "County Attorney" means the County Attorney of the County of Suffolk. d. The Contractor's failure to comply with any Federal, State or local law, rule, or regulation, and County policies or directives; or e. The Contractor's bankruptcy or insolvency; or f. The Contractor's failure to cooperate in an Audit; g. The Contractor's falsification of records or reports, misuse of funds, or malfeasance or nonfeasance in financial record keeping arising out of; or in connection with, any contract with the County; or h. The Contractor's failure to submit, or failure to timely submit, documentation to obtain Federal or State funds; or i. The inability of the County or the Contractor to obtain Federal or State funds due to any act or omission of the Contractor; or j. Any condition the County determines, in its sole discretion, that is dangerous. "Federal" means the United States government, its departments and agencies. "Fund Source" means any direct or indirect sum payable to the Contractor by the County pursuant to any lawful obligation. "Legislature" means the Legislature of the County of Suffolk. "Services" means all that which the Contractor must do, and any part thereof arising out of, or in connection with, the Contract as described in Article I "Description of Services." "State" means the State of New York, "Departmenf' means the signatory department approving the Contract. "Engineering Services" means the definition of the practice of engineering and the definition of practice of land surveying, as the case may be, under Section 7201 and Section 7203 of the State Education Law, respectively. "Event of Defaulf' means "Suffolk County Payment Voucheff means the document authorized and required by the Comptroller for release of payment. a. the Contractor's failure to perform any duty required of it under paragraphs 4 through 7 of this Exhibit 1 of the Contract; or b. the Contractor's failure to maintain the amount and types of insurance with an authorized insurer as required by the Contract; or c. the Contractor's failure to maintain insurance required by the Contract with an insurer that has designated 1 of 7 pages Exhibit 2 "Term" means the time period set forth on page one of the Contract and, if exercised by the County, the option period. Contractor Responsibilities a. It shall be the duty of the Contractor to discharge, or cause to be discharged, ail of its responsibilities, and to administer funds received in the interest of the County in accordance with the provisions of the Contract. b. The Contractor shall promptly take all action as may be necessary to render the Services. c. The Contractor shall not take any action that is inconsistent with the provisions of the Contract. Rev. '//9/12 · Consultant/Personal Services Exhibit 2 d. Services provided under this Contract shall be open to all residents of the County. 4. Qualifications, Licenses, and Professional Standards a. The Contractor represents and warrants that it has, and shall continuously possess, during the Term, the required licensing, education, knowledge, experience, and character necessary to qualify it to render the Services. b. The Contractor shall continuously have during the Term ali required authorizations, certificates, certifications, registrations, licenses, permits, and other approvals required by Federal, State, County, or local authorities necessary to qualify it to render the Services. 5. Notifications a. The Contractor shall immediately notify the County, in writing, of any disciplinary proceedings, commenced or pending, with any authority relating to a license held by any person necessary to qualify him or the Contractor to perform the Services. b. In the event that a person is no longer licensed to perform the Services, the Contractor must immediately notify the County, but in no event shall such notification be later than five (5) days after a license holder has lost the license requ. ired to qualify the license holder or the Contractor to perform the Services. c. In the event that the Contractor is not able to perform the Services due to a loss of license, the Contractor shall not be reimbursed for the Services rendered aRer the effective date of termination of anchlicense. Without limiting the generality of the foregoing, if any part of the Contract remains to be performed, and the termination of the license does not affect the Contractor's ability to render the Services, every other term and provision of the Contract shall be valid and enforceable to the fullest extent permitted by law. 6. Doeumantation of ProfessionalStandards The Contractor shall maintain on file, in one location in Suffolk County, all records that demonstrate that it has complied with paragraphs 4 and 5 above. The address of the location of the aforesaid records and documents shall be provided to the County no later than the date of execution of the Contract. Such documentation shall be kept, maintained, and available for inspection by the County upon twenty-four (24) hours notice. 7. Credentialing a. In the event that the Department, or any division thereof, maintains a credentialing process to qualify the Contractor to render the Services, the Contractor shall complete the required credentialing process. In the event that any State credential, registration, certification, or license, Drag Enforcement Agency registration, or 2 of 7 pages Exhibit 2 Medicare or Medicaid certification is restricted, suspended, or temporarily or permanently revoked, it is the duty of the Contractor to contact the Department, or division thereof, as the case may be, in writing, no later than three (3) days after such restriction, suspension, or revocation. b. The Contractor shall forward to the Department, or division thereof, as the case may be, on or before July 1 of each year during the Term, a complete list of the names and addresses of all persons providing the Services, as well as their respective areas of certification, credentialing, registration, and licensing. Engineering Certificate In the event that the Contract requires any Engineering Services, the Contractor shall submit to the County, no later than the due date for submission for approval of any engineering work product, the Certificate of Authorization ("Certificate"), issued pursuant to § 7210 of the New York Education Law, of every person performing any Engineering Services. The failure to file, submit or maintain the Certificate shall be grounds for rejection of any engineering work product submitted for approval. Termination a. Thirty Days Termination The County shall have the right to terminate the Contract without cause, for any reason, at any time, upon such terms and conditions it deems appropriate, provided, however, that no such termination shall be effective unless the Contractor is given at least thirty (30) days notice. b. Event of Default; Termination on Notice i.) The County may immediately terminate the Contract, for cause, upon such terms and conditions it deems appropriate, in the Event of Default. ii.) lfthe Contractor defaults under any other provision of the Contract, the County may terminate the Contract, on not less than five (5) days notice, upon such terms and conditions it deems appropriate. c. Termination Notice Any notice providing for termination shall be delivered as provided for in paragraph 32 of this Exhibit 1. d. Duties upon Termination i.) The Contractor shall discontinue the Services as directed in the termination notice. ii.) Subject to any defenses available to it, the County shall pay the Contractor for the Rev. ~/9/12 · Consultant/Personal Services Exhibit 2 Services rendered through the date of termination. iii.) The County shall be released from any and all liability under the Contract, effective as of the date of the termination notice. iv.) Upon termination, the Contractor shall reimburse the County the balance of any funds advanced to the Contractor by the County no later than thirty (30) days after termination of the Contract. The provisions of this subparagraph shall survive the expiration or termination of the Contract. 10. v.) Nothing contained in this paragraph shall be construed as a limitation on the County's rights set forth in paragraph 5(c) and 15 of this Exhibit 1, Indemnification and Defense a. The Contractor shall protect, indemnify, and hold harmless the County, its agents, servants, officials, and employees from and against all liabilities, fines, penalties, actions, damages, claims, demands, .judgments, losses, suits or actions, costs, and expenses caused by the negligence or any acts or omissions of the Contractor, 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 the Contract. b. The Contractor hereby represents and warrants that it will not infringe upon any copyright in performing the Services. The Contractor agrees that it shall protect, indemnify, and hold harmless the County, its agents, servants, officials, and employees from and against ali liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, suits or actions, costs, and expenses arising out of any claim asserted for infringement of copyright, 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 of copyright c. 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. Alternatively, at the County's option, the County may defend any such proceeding or action and require the Contractor to pay reasonable attorneys' fees or salary costs of Coanty employees of the Department of Law for the defense of any such suit. Il. Insurance a. The Contractor shall continuously maintain, 3 of 7 pages Exhibit 2 during the Term of the Contract, insurance in amounts and types as follows: i.) Commercial General Liability insurance, including contractaai 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. ii.) Automobile Liability insurance (if any non-owned or owned vehicles are used by the Contractor in the performance of the Contract) in an amount not less than Five Hundred Thousand Dollars ($500,000.00) per person, per accident, for bodily injury and not less than One Hundred Thousand Dollars ($100,000.00) for property damage per occurrence. iii.) Workers' Compensation and Employer's Liability insurance in compliance with ail applicable New York State laws and regulations and Disability Benefits insurance, if required by law. The Contractor shail furnish to the County, prior to its execution of the Contract, the documentation required by the State of New York Workers' Compensation Board of coverage or exemption from coverage pursuant to §§57 and 220 of the Workers' Compensation Law. In accordance with General Municipal Law § 108, the Contract shall be void and of no effect unless the Contractor shall provide and maintain coverage during the Term for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. iv.) Professional Liability insurance in an amount not less than Two Million Dollars ($2,000,000.00) on either a per-occurrence or claims-made coverage basis. b. The County may mandate en increase in the liability limits set forth in the immediately preceding paragraphs (11)(a)(i), (ii), and (iv). c. All policies providing such coverage shall be issued by insurance companies authorized to do business in New York with an A.M. Best rating orA- or better. d. The Contractor shall furnish to the County, prior to the execution of the Contract, declaration pages for each policy of insurance and certificates, other than a policy for commemial general liability insurance, and upon demand, a tree and certified original copy of each such policy evidencing compliance with the aforesaid insurance requirements. In the case of commereial general liability insurance, the Contractor shall furnish to the County, prior to the execution of the Contract, a declaration page or insuring agreement and endorsement page evidencing the Rev. q/9/12 · ConsnltanffPersonal Servlees Exhibit 2 County's status as an additional insured on said policy, and upon demand, a true and certified original copy of such policy evidencing compliance with the aforesaid insurance requirements. e. All evidence of insurance shall provide for the County to be notified in writing thirty (30) days prior to any cancellation, nonrenewai, or material change in the policy to which such evidence relates. It shall be the duty of the Contractor to notify the County immediately of any cancellation, nonrenewal, or material change in any insurance policy. f. In the event the Contractor shall fail to provide evidence of insurance, the County may provide the insurance required in such manner as the County deems appropriate and deduct the cost thereof from a Fund Source. 12. Independent Contractor The Contractor is not, and shall never be, considered an employee of the County for any purpose. Notwithstanding anything herein, 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. 13. Severability It is expressly agreed that if any term or provision of the 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 the Contract shall be valid and shall be enforced to the fullest extent permitted by law. 14. Merger; No Oral Changes It is expressly agreed that the Contract represents the entire agreement of the parties and that ail previous understandings are herein merged in the Contract. No modification of the Contract shall be valid unless in written form and executed by both parties. 15. Set-Off Rights The County shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the County's option to withhold from a Fund Source an amount no greater than any moneys due and owing to the County for any reason. The County shall exercise its set-offrights subject to approvai by the County Attorney. In cases of set-off pursuant to a Comptroller's audit, the County shall only exercise such right after the finalization thereof, and only al~er consultation with the County Attomey. 16. 17. 4 of 7 pages Exhibit 2 18. Non-Discrimination in Services a. The Contractor shall not, on the grounds of race, creed, color, national origin, sex, age, disability, sexual orientation, military status, or marital status: i.) deny any individual the Services provided pursuant to the Contract; or ii.) provide the Services to an individual that is different, or provided in a different manner, from those provided to others pursuant to the Contract; or iii.) subject an individual to segregation or separate treatment in any matter related to the individual's receipt of the Services provided pursuant to the Contract; or iv.) restrict an individual in any way from any advantage or privilege enjoyed by others receiving the Services provided pursuant to the Contract; or v.) treat an individual differently from others in determining whether or not the individual satisfies any eligibility or other requirements or conditions which individuals must meet in order to receive the Services provided pursuant to the Contract. b. The Contractor shall not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, creed, color, national origin, sex, age. disability, sexual orientation, military status, or marital status, or have the effect of substantially impairing the Contract with respect to individuals of a particular race, creed, color, national origin, sex, age, disability, sexual orientation, military status, or marital status, in determining: i.) the Services to be provided, or ii.) the class of individuals to whom, or the situations in which, the Services will be provided; or iii.) the class of individuals to be afforded an opportunity to receive the Services. Nonsectarian Declaration The Services performed under the Contract are secular in nature. No funds received pursuant to the Contract shall be used for sectarian purposes or to further the advancement of any religion. The Services will be available to all eligible individuals regardless of religious belief or affiliation. Governing Law The Contract shall be governed by and construed in Rev. 779/12 · Consultant/Personal Services Exhibit 2 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. 19. No Waiver It shall not be construed that any failure or forbearance of the County to enforce any provision of the Contract in any particular instance or instances is a waiver of that provision. Such provision shall otherwise remain in full force and effect, notwithstanding any such failure or forbearance. 20. Conflicts of Interest The Contractor shall not, during the Term, pursue a course of conduct which would cause a reasonable person to believe that he or she is likely to be engaged in acts that create a substantial conflict between its obligations under the Contract and its private interests. The Contractor is charged with the duty to disclose to the County the existence of any such adverse interests, whether existing or potential. This duty shall continue as long as the Term. The determination as to whether or when a conflict may potentially exist shall ultimately be made by the County Attorney at~er full disclosure is obtained. 21. 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 employees and designated representatives against any claim, demand or action that may be brought against the other party, its employees or designated representatives arising out of, or in connection with, the Contract. 22. Confidentiality Any document of the County, or any document created by the Contractor and used in rendering the Services, shall remain the property of the County and shall be kept confidential in accordance with applicable laws, roles, and regulations. 23. Assignment and Subcontracting a. The Contractor shall not delegate its duties under the Contract, or assign, transfer, convey, subcontract, sublet, or otherwise dispose of the Contract, or any of its right, title or interest therein, or its power to execute the Contract, or assign all or any portion of the monies that may be due or become due hereunder, (collectively referred to in this paragraph 23 as "Assignment"), to any other person, entity or thing without the prior written consent of the County, and any attempt to do any of the foregoing 5 of 7 pages Exhibit 2 24. without such consent shall be void ab initio. b. Such Assignment shall be subject to all of the provisions of the Contract and to any other condition the County requires. No approval of any Assignment shall be construed as enlarging any obligation of the County under the terms and provisions of the Contract. No Assignment of the Contract or assumption by any person of any duty of the Contractor under the Contract shall provide for, or otherwise be construed as, releasing the Contractor from any term or provision &the Contract. Changes to Contractor a. The Contractor may, from time to time, with the County's consent, enter into a Permitted Transfer. For purposes of the Contract, a Permitted Transfer means: i.) if the Contractor is a partnership, the withdrawal or change, voluntary, involuntary or by operation of law, of the parmers, or transfer of partnership interests (other than the purchase of parmership interests by existing partners, by the partnership itself or the immediate family members by reason of gift, sale or devise), or the dissolution of the partnership without immediate reconstitution thereof, and ii.) if the Contractor is a closely held corporation (i.e. whose stock is not publicly held and not traded through an exchange or over the counter), 1. the dissolution, merger, consolidation or other reorganization of the Contractor, 2. the sale or other transfer of twenty percent (20%) or more &the shares of the Contractor (other than to existing shareholders, the corporation itself or the immediate family members of shareholders by reason of gift, sale or devise). b. If the Contractor is a not-for-profit corporation, a change of twenty percent (20%) or more of its shares or members shall be deemed a Permitted Transfer. c. The Contractor shall notify the County in writing, which notice (the "Transfer Notice") shall include: i.) the proposed effective date of the Permitted Transfer, which shall not be less than thirty (30) days nor more than one hundred eighty (180) days after the date of delivery of the Transfer Notice; ii.) a summary of the material terms of the proposed Permitted Transfer, Rev. 7'/9/12 · Consultant/Personal Services Exhibit 2 iii.) the name and address of the proposed transferee, iv.) such information reasonably required by the County, which will enable the County to determine the financial responsibility, character, and reputation of the proposed transferee, nature of the proposed assignee/transferee's business and experience; v.) all executed forms required pursuant to Exhibit 2 of the Contract, that are required to be submitted by the Contractor; and vi.) such other information as the County may reasonably require. d. The County agrees that any request for its consent to a Permitted Transfer shall be granted provided that the transfer does not violate any provision of the Contract, and the transferee has not been convicted of a criminal offense as described under Article II of Chapter 189 of the Suffolk County Code. The County shall grant or deny its consent to any request of a Permitted Transfer within twenty (20) days aRer delivery to the County of the Transfer Notice, in accordance with the provisions of Paragraph 32 of this Exhibit 1 of the Contract. If the County shall not give written notice to the Contractor denying its consent to such Permittod Transfer (and setting forth the basis for such denial in reasonable detail) within such 20-day period, then the County shall be deemed to have granted its consent to such Permitted Transfer. e. Notwithstanding the County's consent, i.) the terms and conditions of the Contract shall in no way be deemed to have been waived or modified, and ii.) such consent shall not be deemed consent to any further transfers. 25. 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 party shall have the right to make any claim or assert any right under the Contract. 26. Certification as to Relationships The Contractor certifies under penalties of perjury that, other than through the funds provided in the Contract 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, 27. 6 of 7 pages Exhibit 2 28. 29. directors, or shareholders owning five percent (5%) or more of the Contractor, and the County. Publications Any book, article, report, or other publication related to the Services provided pursuant to this Contract shall contain the following statement in clear and legible print: "This publication is fully or partially funded by the County of Suffollc" Copyrights and Patents a. Copyrights If the work of the Contractor should result in the production of original books, manuals, films, or other materials for which a copyright may be granted, the Contractor may secure copyright protection. However, the County mservas to itself, and the Contractor hereby gives to the County, and to any other person designated by the County, a royalty-free, nonexclusive license to produce, reproduce, publish, translate, or otherwise use any such materials. b. Patents If the Contractor makes any discovery or invention during the Term, or as a result of wurk performed under the Contract, the Contractor may apply for and secure for itself patant protection. However, the County reserves to itself, and the Contractor hereby gives to the County, and to any other person designated by the County, a royalty-free, nonexclusive license to produce or otherwise use any item so discovered or patented. Arrears to County The Contractor warrants that, except as may otherwise be authorized by agreement, it is not in arrears to the County upon any debt, conU'act, or any other lawful obligation, and is not in default to the County as surety. Rev. '~/9/12 Consultant/Personal Services Exhibit 2 30. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction In the event that the Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk, Suffolk County Code Article II of Chapter 353, as more fully set forth in Exhibit 2 entitled "Suffolk County Legislative Requirements," the Contractor shall maintain the documentation mandated to be kept by this law on the construction site at all times. Employee sign-in sheets and register/log books shall be kept on the construction site at all times and all covered employees, as defined in the law, shall be required to sign such sign-in sheets/register/log books to indicate their presence on the construction site during such working hours. 31. Record Retention The Contractor shall retain ail accounts, books, records, and other documents relevant to the Contract for seven (7) years after final payment is made by the County. Federal, State, and/or County auditors and any persons duly authorized by the County shall have full access and the right to examine any of said materials during said period. Such access is granted notwithstanding any exemption fcom disclosure that may be claimed for those records which are subject to nondisclosure agreements, trade secrets and commercial information or financial information that is privileged or confidential. 32. Notice Unless otherwise expressly provided herein, ail 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: t.) to the Contractor at the address on page 1 of the Contract and 2.) to the County atthe DeparUnent, or as to either of the foregoing, to such other address as the addressee shail have indicated by prior written notice to the addressor. All notices received by the Contractor 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), Hauppange, New York, 11788- 0099. End of Text for Exhibit 1 7 of 7 pages Exhibit 2 Check if applicable ~UI*I~'LILK CUUIN'I'Y DKPAI{I'MEN l' LHf LA~UR -/.,1 FI/Y(,/SV~l(/~' UN[I' LIFING W.4GE CERTIFICATION/DECLARATION - SUBJECT TO AUDIT If either of the following defmitiuns of 'compensation' (Living Wage Law Chapter 347 - 2) applies to the eontraetor's/reeipient's business or transaction with Suffolk County, the euntraetor/reeipient must complete Sections 1, 3, 4 below; and Form LW-1 (Notice of Application for County Compensation). If the following definitions do not apply, the contractor/recipient must complete Sections 2, 3 and 4 below. Completed forms must be submitted to the awarding agency. "Any grant, loan, tax incentive or abatement, bond financing subsidy or other form of compensation of more that $50,000 which is realized by or provided to an employer of at least ten (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 (10) or more employees by the County of Suffolk for the furnishing of services to or for the County of Suffolk (except contracts where services are incidental to the delivery of products, equipment or commodities) which involve 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. I/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, pat~-time or temporary employed persons who perform work or render services on or for a project, matter, contract or subcontract where this company has received compensation, from the County of Suffolk as defined in the Law (compensation) a wage rate of no less than $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 leasehoMer 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 H 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 of the Suffolk County Code, investigating employee complaints of noncompliance and evaluating the operation and effects of this Chapter, including the production for inspection & copying of payroll records for any or all employees for the term of the contract or for five (5) years, whichever period of compliance is longer. All payroll and benefit records required by the County will be maintained for inspection for a similar period of time. (Chapter 347-7 D) The County Department of Labor shall review the records of any Covered Employer 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 renson(s): Check if applicable Section HI Contractor Name: Contractor Address: Contractor Phone #: Town of Southold 59035 Main Road, PO Bc~1179 Southold, NY 11971-0959 765-2600 Federal Employer ID#: I 1-600- ! q q q Amount of compensation: $ 7,238.00 Vendor #: Maritime law enforcement focusing on foreign flagged vessels. Description of project or service: Section IV I declare under panaltyj~j~perjury under the Laws of the State of New York that the undersigned is authorized to provide this certification, and that the Authorized b~n~ure Dat~ Scott A. Russell, Supervisor Print Name and Title of Authorized RepreSentative Revised 10/11 TOWN OF SOUTHOLD POLICE DEPARTMENT 41405 State Route 25, PO Box 911, Peconic NY 11958 (63 I) 765-2600. F,~x (631) 765-2715 Martin Flatley Chief of Police Suffolk County Departmem of Law Addendum to LW-1 Re: Items 12 and 13 The Southold Town Police Department will participate in Operation Shield in the following manner: Bay Constables will be assigned on a voluntary overtime basis to work tours of duty exclusively assigned to maritime law enforcement focusing on foreign flagged vessels. Officers assigned will only be full time officers covered by the current contract. Tho lowest hourly rate for a Bay Constable is $27.6310 with a minimum of 30.5 compensated days off. All participating Bay Constables receive a full medical benefit package. All wage/benefit information is on file and available for inspection at your request. 1) 2) 4) 6) SUFFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT NOTICE OF APPLICATION FOR COUNTY COMPENSATION (Contract), Living Wage Law, Suffolk County Code, Chapter 347 (2001) To Be Completed By Applicant/Employer/Contractor NAME: Town of Southold VENDOR #: (If known) CONTACT: Scott A. Russell 3) CONTRACT ID #: (If known) 5) TELEPHONE#: 765-2600 ADDRESS: 59035 Main Road, PO Box 1179 Southold, NY 11971-0959 7) 8) 9) 10) AWARDING AGENCY: TERM OF CONTRACT (DATES): l / 1 / 12- 12 / 31 / 12 PROJECT NAME: ( IF DIFFERENT FROM #1) 0perat ion Sh ie ld AMOUNT: $7,238.00 Homeland Security 11) ~RIEF DESCRIPTION OF PROJECT OR SERVICE: ~arltlme law enXorcement focusing on foreign flagged vessels. 12) PROJECTED EMPLOYMENT NEEDS: (attach a statement listing, by job classification, the total workforce dedicated to performing this contract or service, including calculation of estimated net increase or decrease in jobs as a result of funding). 13) PROJECTED WAGE LEVELS: (attach a statement listing projected wage levels, compensated days off and medical benefits for total workforce dedicated to fulfflflling the terms of this contract, broken down annually for each year of the term of the contract). LW- 1 (revised 4/05) Suffolk County, New York Department 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/beneficlary's business or transaction with Suffolk County, the contractor/beneficiary must complete Sections I, IH, and IV below. If the following definitions do not apply, the contractor/beneficiary most complete Sections H, [] and IV below. Completed forms must be~ubmitted to the awarding agency. County Contractor: "Any employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a written contract with the County of Suffolk or uny 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 uny calendar year; or pursuant to a subcontract with un~' oftbe above." Section I  The Union Organizing Law applies to this ~:ontract. l/we hereby agree to comply with all the provisions of Suffolk County Local Law No. 26-2003, the Suffolk County Union 0rgunlzing 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 4663 B) L/we further agree to take all action necessary to ensure ~hat County funds are not used to assist, promote, or deter union orgunlzing. (Chapter 466-3 H) l/we further agree that L/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 und, ns appli~ble, that no reimbursement from County funds has been sought for such costs, l/we agree that such records shall be made available to the pertinent County agency or authority, the County Comptroller, or the County Department of Law upon request. (Chapter 466-3 I) I~we further affirm to the following as to the goods and/or services that are the subject of the contract with the County of Suffolk: · l/we will not express to employees uny false or misleading information that is intended to influence the determination of employee preferences regarding union representation; · l/we will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining representative; · I/we will not require un employee, individually or in a group, to attend a meeting or an ~vunt that is ~ntended to influence his or her decision in selecting or not selecting a bargaining representative; · I/we unnderstund my/our obligation to limit disruptions caused by prcrecognition labor disputes through the adoption of nonconfrontational procedures for tho resolution of prerecognition labor disputes with employees engaged in the production of goods or the rendering of servlces for the County; und · I/we have or will adopt any or all of the above-r~erenced procedures, or their functional equivalent, to ensure thc efficient, timely, und quality provision of goods and services to the County. I/we shall include a list of said procedures in such certification. Section II The Union Orgunizing Law does not apply to this contract for the following reasun(s): Contractor will not receive more than $50,000 in County funds. Check if Applicable DeL-LO[ (3/5/08) Suffolk County, Now York De~arlment of Labor Section 1II Contractor Name: Contractor Address: Contractor Phone #: Town of Southold 59035 Main Road, PO Box 1179 Southold, NY 11971-0959 765-2600 Federal Employer II~: I 1-600- 1939 Amount of Assistance: $7,238.00 Vendor #: Maritime law enforcement focusing on foreign flagged vessels. Desefiptien of project or service: Section IV In thc event any part of the Union Organizing Law, Chapter 466 of thc Laws of Suffolk County, is found by a court of competent jurisdiction to bc preempted by federal and/or state law, this certification/declaration shall be void ab initio. Section V I declare under penalt, y,~ perjulT under thc Laws of thc state of New York that the undersigned is authorized to provide this c ,ca, en. and y/ove% o 7 .t - 9 hal l & Authorized Si - Date ' Scott A. Russell, Supervisor Print Name and Title of Authorized Representative DOL-LOI SUFFOLK COUNTY DEPARTMENT OF LABOR NOTICE OF APPLICATION TO CERTIFY COMPLIANCE WITH FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES Suffolk Count~ Code, Cha~tex 234 ~2006~ To Be Completed By A~pficut,' Covered Employer//Owner EMPLOYER/CORPJBUSINESS/COMPANYNAME: Town of Southol~ I) ADDRESS: 59035 Main Road, PO Box 1179 Southold, NY 11971-0959 ~ NOT-FOR-PROFIT: YES x NO__ (SUBMIT PROOF OF IRS NOT-FOR-PROFIT STATU~ 3) VENDOR #: (ffknown) ~) CONTACT: Scott A. Russell 4) **CONTRACT ID: 6) TELEPHONE #: 765-26Q0 (If known) 7) TERM OF CONTRACT OR EXTENSION (PROVIDE DATES): 1 / 1 / 12- 12 / 31 / 12 8) AMOUNT OF CONTRACT OR EXTENSION: $ 7,238.00 9) BRIEF DESCRIPTION OF PROJECT OR SERVICE Mar it ime law en for cement focusing on foreign flagged vessels. SUBCONTRACTOR: 1) ADDRESS: 2) VENDOR~: 3) TELEPHONE #: 4) CONTACT: 5) DESCRIPTION OF COMPENSATION, PROJECT OR SERVICE: EVIDENCE OF COMPLIANCE: COPIES OF THE FOLLOWING MUST BE MAINTAINED BY COVERED EMPLOYERS OR THE OWNERS THEREOF FOR EACH EMPLOYEE FOR THE TIME PERIODS SET FORTH IN SUFFOLK COUNTY CODE, CHAPTER 234, SECTION 5 (C): A. United States passport; or B. resident alien card or alien registration card; or C. birth certificate indicating that person was born in the United States; or D. (l) a driver's license, if it contains a photograph of the individual; and (2)a social security account number card (other than such a card which specifies on its face that the issuance of the card does not authorize employment in the United States); or E. employment authorization documents such as an H-IB visa, H-2B visa, and L-1 visa, or other work visa as may be authorized by the United States Government at the time the County contract is awarded for all covered employees. LHE-1 (03/07) AFFIDAVIT OF COMPLIANCE WITH THE REQUIREMENTS OF 8 U.S.C. SECTION 1324a WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES State of New York ) ss: County of Suffolk ) Scott A. Russel~l (Print Name of Deponent) being duly sworn, deposed and says: 1. I am owner/authorized representative of Town of Southold (Circle one) (Name of Corp., Business~ Company) I certify that I have complied, in good faith, with the requirements of Title 8 of the United States Code (U.S.C.) section 1324a (Aliens and Nationality) with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as set forth in Suffolk County Code Chapter 234 (2006). Sworn to before me this /o3?'day of , 20 ia. 0¢6t Public) LAUREN M. STANDISH NOfaPJ Public, State of New ~)rk No. 01ST6164008 Ctuat fled in Suffolk County ~ Commission Expires Apri! 9,20~ LHE-2 (01/07) SU, FFOLK COUNTY DEPARTMENT OF LABOR - LIVING WAGE UNIT NOTICE OF APPLICABILITY OF LIVING WAGE LAW Living Wage Law, Suffolk County Code, Chapter 347 (2001) To Be Completed By The Living Wage Unit DATE: September 20, 2012 TO: Michael P. Sharkey, Chief of Staff, S. C. Office of the Sheriff FROM: Brenda Rf~,s~erg, Director of Living Wage Compliance Unit TELEPHONE #: 853-2063 VENDOR #: 11-6001939 REF.: Homeland Security You are hereby notified that the response from Town of Southold been evaluated by the Living Wage Unit of the Suffolk County Department of Labor. We find: X The documents submitted with this contract / proposal are complete and conform to the requirements of the Living Wage Law (Local Law #12-2001). The Awarding Agency may proceed with the normal and customary procedure for administering contracts. The documents submitted with this contract / proposal are not complete, or do not conform to the requirements of the Living Wage Law (Local Law #12-2001). Employers who fail to submit documents or information required to demonstrate compliance with the Law shall be deemed non-responsive and subject to disqualification. If the employer is presently under contract, the contractor shall be deemed non-compliant and the appeals process shall be made available to said employer (Chapter 347-5 A & B). LW-13 SUFFOLK COUNTY DEPARTMENT OF LABOR NOTICE OF APPLICATION TO CERTIFY COMPLIANCE WITH FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH RESPECT TO LA WFUL HIRING OF EMPLOYEES VERIFICATION OF SUBMISSION OF LAWFUL HIRING OF EMPLOYEES Suffolk County Code, Chapter 234 (2006) I To Be Completed By the Local Law Compliance Unit I DATE: September 20, 2012 TO: Michael P. Sharke¥. Chief of Staff~ S.C. Office of the Sheriff' FROM: Brend~senberg, D~rector of Living Wage Compliance Unit EMPLOYER: Town of Southold VENDOR #: 11-6001939 REF.: Homeland Securi ,ty You are hereby notified that the submission from Town of Southold 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)