HomeMy WebLinkAboutOperation Shield
RESOLUTION 2013-517
e
ADOPTED DOC ID: 8930
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-517 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 2, 2013:
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 Southold and the
County of Suffolk, acting through its duly constituted Sheriffs Office, in connection with the
NYS Office of Homeland Security Grant Program regarding grant funds in the sum of
$135,000.00 for Operation Shield administered by the Suffolk County Sheriffs Office in
partnership with the East End Marine Task Force, for the term commencing on June 1, 2013 and
ending on June 30, 2014, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Talbot, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell
,aco~zo CERTIFICATE OF LIABILITY INSURANCE DATE ,MYDDIYYYYI
tft~ 07111/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate homer Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the temis and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
Certificate holder In lieu of such endoreement(s).
PRODUCER Phase; (631)2981700 Far: (631)298-3850 =ACT Barbara Dammers
ROY H REEVE AGENCY, INC. PHONE AX
PO BOX 54 A/C NP Eal. 631) 2981700 (631) 298.3850
MATTITUCK NY 11952 DDDRESS. _ bdammersCroyreeve.com
INSURER(S) AFFORDING COVERAGE NAICa
INSURERA US Specialty Ins. Co.
INSURED
TOWN OF SOUTHOLD INSURERS US Specialty Ins. Co.
C/O SOUTHOLD TOWN HALL IxsuREac
P.O. BOX 1179 IxsuREa D
SOUTHOLD NY 11971
IHSURERF
INSURERF
COVERAGES CERTIFICATE NUMBER: 49052 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POI I S. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INES TYPE OF INSURANCE ADDT SUBR POLICY Err POUCYEXP LIMITS
LTR NSN VWD POLICY NUMBER M
A GENERAL uABIL" X CPKG80420109 01101113 01101/14 EACH OCCURRENCE E 1,000,000
X COMMERCIAL GENERAL LIABILITY PR MEISES(Eaa,T-m E 1,000,000
_ CLAIMS-MADE [XIOCCUR MED. EXP(Any a X, Parson) E 10,000
X Em'". Gaductibb PERSONAL B ADV INJURY E 1,000,000
GENERAL AGGREGATE E 3,000,000
GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGO E 3,000,000
POLICY PRO LOC EMPLOYEE BENEFITS LI E 11000,000
B AUTOMOBILE LIABILITY CPKG80420109 01101/13 0'110'1/14 tCIXTED SINGLE LIMIT
('E TED E 1,000,000
X ANY AUTO BODILY INJURY (Per Donor) E
ALL OWNED SCHEDULED
AUTOS UTOS BODILY INJURY (Per acddent) E
HIRED AUTOS NON-OWNED PROPERTY OAMAGE E
UTOS IP.ra n0 _
E
B *ZIN-FRIIEWION ELU WB occuR CPKG80420109 01101113 01101114 EACH OCCURRENCE E 10,000,000
a uas CLAIMS-MADE AGGREGATE E 10,000,000
E 10,000 E
AND WC STATU. OTH
E COMPENSATION
AMO EMPLOYERS' a' LIA91Um' TORY LIMITS ER E
AXY PROPRIETONPARTNER/EXECUTIVE YIN E.L. EACH ACCIDENT E
OFEICER/YEMBER EXCLUDED) J
ofi .mnln NH) xrA E.L. DISEASE-EA EMPLOYEE E
H p . E.st m unM,
DESCRIPTION OF OPERATIONS Negw E.L. DISEASE-POLICY LIMIT E
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Aeach ACORD 101, AddMOnel Remarks Schedule, if more ePam is required)
Certificate holder Is listed as additional Insured under general liability with respect to Operation Shield Maritime Law Enforcement
Services funds.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
County of Suffolk THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Suffolk County Sheriffs Office ACCORDANCE WITH THE POLICY PROVISIONS.
100 Center Drive AUTHORIZED REPRESENTATIVE
Riverhead, N Y 11901
Attention:
Thomas A. Dickerson
ACORD 25 (2010/05) m 1988.2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
COUNTY OF SUFFOLK
ER1
pOC
NG
SOCK G0
.1.
19 June 2013
OFFICE OF THE SHERIFF VINCENT F. DEMARCO
SHERIFF
Scott A. Russell, Supervisor
Town of Southold
59035 Main Road RECENED
Southold, New York 11971
JUN 2 5 2013
Re: "Operation Shield" Contracts Town Attorney's Office
Dear Supervisor Russell,
The NYS Office of Homeland Security is appropriating pass-through grant
funds in the amount of $135,000 for "Operation. Shield" under the Homeland
Security Grant Program. The funds will be administered by the Suffolk
County Sheriff's Office in partnership with the East End Marine Task Force.
Enclosed find four (4) original contracts for the Town of Southold for
"Operation Shield". Please review and sign all contracts in the designated
areas. In regard to Form LW-1, be sure to provide the necessary
information on questions #12 and 13. Please return all four contracts to my
office by Friday, July 19, 2013. A Certificate of Insurance must be
provided as well.
Thank you for your consideration in this matter. If you have any questions,
please do not hesitate to contact my office, (631) 852-2220.
//Very truly yours,
Michael P. Sharkey
Chief of Staff
MPS/dlh
Enc.
100 CENTER DRIVE
RIVERHEAD, NEW YORK 11901-3390
(631) 852-2200
Law No. 14-SH-015 AI.,bc~S
Operation Shield ~~II~s • -
Agreement
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 Office"), located at 100 Center Drive,
Riverhead, New York 11901; and
The Town of Southold ("the Contractor"), having an address at 59035 Main Road, Southld, New York 11971.
The Contractor has been designated to receive funds from the County for Operation Shield Maritime Law Enforcement
Services ("the Services") as set forth in Article 1, entitled "Description of Services."
Term of the Contract: June 1, 2013 to June 30, 2014.
Total Cost of the Contract: Shall not exceed $7,238.40, as set forth in Article 11, attached.
Terms and Conditions: Shall be as set forth in Articles I and Il 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.
Town of Sou o
COU Y OF SUFFOLK
By:
Nam Scott A. Russell By'
Title Supervisor Denni . Cohen
Fed. Tax ID #11-600-1939 Chief De uty Court ecutive
Date n 7 Date: L q
hereby certifies under penalties
C Approved:
of perjury that I am an officer of Tr J- cd4 O Suffolk/////C1 u ty Sheriff's Office
that I have read and I am familiar with Section A5-7 of Article V ~
By: YYY~
of the Suffolk County ode, and that 'OW// O-p5O? Icg Name Vincent F. DeMarco
Title Sheri
meets all require to qualify for exemption [hereunder. Date Q-7/ &ZI 3
Name
Date
Approved as to Legality:
Dennis M. Brown
Acting County Attorney
By:
Name 7Ytl1RI(~ ~t/~°Y
Assistant County Att (ne~3
Date
Page 1 of 8
0021606
Law No. 14-SH-015
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. Accounting Procedures
5. Audit
6. Comptroller's Rules and Regulations for Consultant's Agreements
7. Specific Payment Terms and Conditions
Exhibit 1
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. Indemnification and Defense
11. Insurance
12. Independent Contractor
13. Severability
14. Merger; No Oral Changes
15. Set-Off Rights
16. Non-Discrimination in Services
17. Nonsectarian Declaration
18. Governing Law
19. No Waiver
20. Conflicts 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
Page 2 of 8
Law No. 14-SH-015
Operation Shield
30. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future
Construction
31. Record Retention
32. Notice
Exhibit 2
Suffolk County Legislative Requirements
1. Contractor'sNendor'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
Page 3 of 8
Law No. 14-SH-015
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. -2013; 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 this Article I and any other provision to this Contract, such other
provision shall prevail unless it is expressly stated that this Article I shall prevail.
2. 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
Page 4 of 8
Law No. 14-SH-015
Operation Shield
Article II
Financial Terms and Conditions
1. Conflicting Provisions
In the event of any conflict between any provision in this Article II and an 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. Each Suffolk County Payment
Voucher submitted for payment is subject to Audit at any time during the Term or any extension
thereof. This provision shall survive expiration or termination of this Contract for a period of not
less than seven (7) years, and access to records shall be as set forth in paragraph 31 of Exhibit 1,
and paragraph 4(b) of Article H.
b. Voucher Documentation
The Suffolk County Payment Voucher shall list all information regarding the Services and other
items for which expenditures have been or will be made in accordance with the Contract. Either
upon execution of the Contract (for the Services already rendered and expenditures already
made), or not more than thirty (30) days after the expenditures were made, and in no event after
the 31 s` day of January following the end of each year of 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 for all Services. The Suffolk County Payment Voucher shall include time
records, certified by the Contractor as true and accurate, of all personnel for whom expenditures
are claimed during the period. All Suffolk County Payment Vouchers must bear a signature as
that term is defined pursuant to New York State General Construction Law §46 by duly
authorized persons. Disbursements made by the Contractor in accordance with the Contract and
submitted for reimbursement must be documented and must comply with accounting procedures
as set forth by the Suffolk County Department of Audit and Control.
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
Page 6 of 8
Law No. 14-SH-015
Operation Shield
of the Voucher.
3. Subject to Appropriation of Funds
a. The Contract is subject to the amount of funds appropriated each fiscal year and any subsequent
modifications thereof by the County Legislature, and no liability shall be incurred by the County
beyond the amount of funds appropriated each fiscal year by the County Legislature for the
Services.
b. If the County fails to receive Federal or State funds originally intended to pay for the Services, or
to reimburse the County, in whole or in part, for payments made for the Services, the County
shall have the sole and exclusive right to:
i.) determine how to pay for the Services;
ii.) determine future payments to the Contractor; and
III.) determine what amounts, if any, are reimbursable to the County by the Contractor and the
terms and conditions under which such reimbursement shall be paid.
4. Accounting Procedures
a. The Contractor shall maintain accounts, books, records, documents, other evidence, and
accounting procedures and practices which sufficiently and properly reflect all direct and indirect
costs of any nature expended in the performance of the Contract, in accordance with generally
accepted accounting principles and with rules, regulations and financial directives, as may be
promulgated by the Suffolk County Department of Audit and Control and the Department. The
Contractor shall permit inspection and audit of such accounts, books, records, documents and
other evidence by the Department and the Suffolk County Comptroller, or their representatives,
as often as, in their judgment, such inspection is deemed necessary. Such right of inspection and
audit as set forth in subparagraph (b) below shall exist during the Term and for a period of seven
(7) years after expiration or termination of the Contract.
b. The Contractor shall retain all 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 from 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.
5. Audit
a. All payments made under the Contract are subject to audit by the Comptroller pursuant to Article
V of the Suffolk County Charter. The Contractor further agrees that the Comptroller and the
Department shall have access to and the right to examine, audit, excerpt, copy or transcribe any
Page 6 of 8
Law No. 14-SH-015
Operation Shield
pertinent transactions or other records relating to Services under the Contract. If such an audit
discloses overpayments by the County to the Contractor, within thirty (30) days after the issuance
of an official audit report by the Comptroller or his duly designated representatives, the
Contractor shaltrepay the amount of such overpayment by check to the order of the Suffolk
County Treasurer or shall submit a proposed plan of repayment to the Comptroller. If there is no
response, or if satisfactory repayments are not made, the County may recoup overpayments from
any amounts due or becoming due to the Contractor from the County under the Contract or any
other Fund Source.
b. The provisions of this paragraph shall survive the expiration or termination of the Contract for a
period of seven (7) years, and access to records shall be as set forth in paragraph 31 of Exhibit 1,
and paragraph 4(b) of Article H.
6. 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 "Comptroller's Rules and Regulations for
Consultant's Agreements" may be viewed online at the County's website, SuffolkCountyny.gov; go to
"Government," then "Comptroller," then "Consultant's Agreements."
7. 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
Page 7 of 8
Law No. 14-SH-015
Operation Shield
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 all other costs of the Services.
RANK OT HOURS #ASSIGNED SALARY & FRINGE TOTAL
Sr. Bay Constable 64 1 $54.60 $3,494.00
Bay Constable 80 1 $46.80 $3,744.00
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. No salary, wage or other compensation for the Services shall be increased over the amount stated
in the Budget with the prior written approval of the County.
End of Text for Article Il
Page 8 of 8
Consultant/Personal Services
Exhibit I Rev. 1/7113
Exhibit 1 agent for service of process; or
County Terms and Conditions
d. The Contractor's failure to comply with any
1. Elements of Interpretation Federal, State or local law, rule, or regulation, and County
policies or directives; or.
As used throughout the Contract: e. The Contractor's bankruptcy or insolvency; or
a. Words of the masculine gender shall mean and £ The Contractor's failure to cooperate in an Audit;
include correlative words of the feminine and neuter or
genders and words importing the singular number shall
mean and include the plural number and vice versa. Words g, The Contractor's falsification of records or
importing persons shall include firms, associations, reports, misuse of funds, or malfeasance or nonfeasance in
partnerships (including limited partnerships), trusts, financial record keeping arising out of, or in connection
corporations and other legal entities, including public with, any contract with the County; or
bodies, as well as natural persons, and shall include
successors and assigns. h, The Contractor's failure to submit, or failure to
timely submit, documentation to obtain Federal or State
b. Capitalized terms used, but not otherwise defined funds; or
herein, shall have the meanings assigned to them in the
Contract. I. The inability of the County or the Contractor to
obtain Federal or State funds due to any act or omission of
2. Meanings of Terms the Contractor; or
As used in the Contract: j, Any condition the County determines, in its sole
discretion, that is dangerous.
"Comptroller" means the Comptroller of the County of Suffolk.
"Federal" means the United States government, its departments and
"Contract" means all terms and conditions herein forming all rights agencies.
and obligations of the Contractor and the County.
"Fund Source" means any director indirect sum payable to the
"Contractor" means the signatory person, partnership, corporation, Contractor by the County pursuant to any lawful obligation.
association or other entity, its officers, officials, employees, agents,
servants, sub-contractors and any successor or assign of any one or "Legislature" means the Legislature of the County of Suffolk.
more of the foregoing performing the Services.
"Services" means all that which the Contractor must do, and any part
"County" means the County of Suffolk, its departments, and thereof arising out o$ or in connection with, the Contract as
agencies. described in Article I "Description of Services."
"County Attorney" means the County Attorney of the County of "State" means the State of New York.
Suffolk.
"Suffolk County Payment Voucher" means the document
"Department" means the signatory department approving the authorized and required by the Comptroller for release of payment.
Contract.
"Term" means the time period set forth on page one of the Contract
"Engineering Services" means the definition of the practice of and, if exercised by the County, the option period.
engineering and the definition of practice of land surveying, as the
case may be, under Section 7201 and Section 7203 of the State 3. Contractor Responsibilities
Education Law, respectively.
s. It shall be the duty of the Contractor to discharge,
"Event of Default" means or cause to be discharged, all of its responsibilities, and to
a. the Contractor's failure to perform any duty administer funds received in the interest of the County in
accordance with the provisions of the Contract.
requited of it under paragraphs 4 through 7 of this Exhibit
1 of the Contract; or b. The Contractor shall promptly take all action as
may be necessary to render the Services.
b. the Contractor's failure to maintain the amount
and types of insurance with an authorized insurer as C. The Contractor shall not take any action that is
required by the Contract; or inconsistent with the provisions of the Contract.
C. the Contractor's failure to maintain insurance
d, Services provided under this Contract shall be
required by the Contract with an insurer that has designated opegto all residents o the County.
the New York Superintendent of Insurance as its lawful
1 of 7 pages
Exhibit 1
Consultant/Personal Services
Exhibit I Rev. InI13
Contractor to contact the Department, or division thereof,
as the case may be, in writing, no later than three (3) days
4. Qualifications, Licenses, and Professional Standards after such restriction, suspension, or revocation.
a. The Contractor represents and warrants that it b. The Contractor shall forward to the Department,
has, and shall continuously possess, during the Term, the or division thereof; as the case may be, on or before July 1
required licensing, education, knowledge, experience, and of each year during the Term, a complete list of the names
character necessary to qualify it to render the Services. and addresses of all persons providing the Services, as well
as their respective areas of certification, credentialing,
b. The Contractor shall continuously have during registration, and licensing.
the Term all required authorizations, certificates,
certifications, registrations, licenses, permits, and other 8. Engineering Certificate
approvals required by Federal, State, County, or local
authorities necessary to qualify it to render the Services. In the event that the Contract requires any Engineering
Services, the Contractor shall submit to the County, no
5. Notifications later than the due date for submission for approval of any
engineering work product, the Certificate of Authorization
a. The Contractor shall immediately notify the ("Certificate"), issued pursuant to § 7210 of the New York
County, in writing, of any disciplinary proceedings, Education Law, of every person performing any
commenced or pending, with any authority relating to a Engineering Services. The failure to file, submit or
license held by any person necessary to qualify him or the maintain the Certificate shall be grounds for rejection of
Contractor to perform the Services. any engineering work product submitted for approval.
b. In the event that a person is no longer licensed to 9. Termination
perform the Services, the Contractor must immediately
notify the County, but in no event shall such notification be a. Thirty Days Termination
later than five (5) days after a license holder has lost the
license required to qualify the license holder or the The County shall have the right to terminate the
Contractor to perform the Services. Contract without cause, for any reason, at any time, upon
such terms and conditions it deems appropriate, provided,
c. In the event that the Contractor is not able to however, that no such termination shall be effective unless
perform the Services due to a loss of license, the Contractor the Contractor is given at least thirty (30) days notice.
shall not be reimbursed for the Services rendered after the
effective date of termination of such license. Without b. Event of Default; Termination on Notice
limiting the generality of the foregoing, if any part of the
Contract remains to be performed, and the termination of i.) The county may immediately terminate
the license does not affect the Contractor's ability to render the Contract for cause, upon such terms and
the Services, every other term and provision of the Contract conditions it deems appropriate, in the Event of
shall be valid and enforceable to the fullest extent permitted Default.
bylaw.
ii.) If the Contractor defaults under any
6. Documentation of Professional Standards other provision of the Contract, the County may
terminate the Contract, on not less than five (5)
The Contractor shall maintain on file, in one location in days notice, upon such terms and conditions it
Suffolk County, all records that demonstrate that it has deems appropriate.
complied with paragraphs 4 and 5 above. The address of
the location of the aforesaid records and documents shall c. Termination Notice
be provided to the County no later than the date of
execution of the Contract. Such documentation shall be Any notice providing for termination shall be
kept, maintained, and available for inspection by the delivered as provided for in paragraph 32 of this Exhibit I.
County upon twenty-four (24) hours notice.
d. Duties upon Termination
7. Credentialing
i.) The Contractor shall discontinue the
a. In the event that the Department, or any division Services as directed in the termination notice.
thereof, maintains a credentialing process to qualify the
Contractor to render the Services, the Contractor shall ii.) Subject to any defenses available to it,
complete the required credentialing process. In the event the County shall pay the Contractor for the
that any State credential, registration, certification, or Services rendered through the date of
license, Drug Enforcement Agency registration, or termination.
Medicare or Medicaid certification is restricted, suspended,
or temporarily or permanently revoked, it is the duty of the
2 of 7 pages
Exhibit I
Consultant/Personal Services
Exhibit 1 Rev. U7/13
iii.) The County shall be released from any i.) Commercial General Liability
and all liability under the Contract, effective as of insurance, including contractual liability
the date of the termination notice. coverage, in an amount not less than Two Million
Dollars ($2,000,000.00) per occurrence for
iv.) Upon termination, the Contractor shall bodily injury and Two Million Dollars
reimburse the County the balance of any funds ($2,000,000.00) per occurrence for property
advanced to the Contractor by the County no damage. The County shall be named an
later than thirty (30) days after termination of the additional insured.
Contract. The provisions of this subparagraph
shall survive the expiration or termination of the ii.) Automobile Liability insurance (if any
Contract. non-owned or owned vehicles are used by the
Contractor in the performance of the Contract) in
V.) Nothing contained in this paragraph an amount not less than Five Hundred Thousand
shall be construed as a limitation on the County's Dollars ($500,000.00) per person, per accident,
rights set forth in paragraphs 5(c) and 15 of this for bodily injury and not less than One Hundred
Exhibit 1. Thousand Dollars ($100,000.00) for property
damage per occurrence.
10. Indemnification and Defense iii,) Workers' Compensation and
a. The Contractor shall protect, indemnify, and hold Employer's Liability insurance in compliance
harmless the County, its agents, servants, officials, and with all applicable New York State laws and
employees from and against all liabilities, fines, penalties, regulations and Disability Benefits insurance, if
required
actions, damages, claims, demands, judgments, losses, suits by law. The Contractor shall famish t
c
or actions, costs, and expenses caused by the negligence or the County, prior to its execution of the Contract,
any acts or omissions of the Contractor, including the documentation required by the State New
reimbursement of the cost of reasonable attorneys' fees York Workers' Compensation Board of coverage
incurred by the County, its agents, servants, officials, and or exemption from coverage pursuant to
w.
employees in any action or proceeding arising out of or in and rd220 of a cethe Workers' Compensation Law. In
connection with the Contract accordance with General Municipal Law §unle
the Contract shall be void and of no effect unless
b. The Contractor hereby represents and warrants the Contractor shall provide and maintain
coverage during
that it will not infringe upon any copyright in performing the Term for the benefit of such
the Services. The Contractor agrees that it shall protect, employees as are required to be covered by the
indemnify, and hold harmless the County, its agents, provisions of the Workers' Compensation Law.
servants, officials, and employees from and against all iv.) Professional Liability insurance in an
liabilities, fines, penalties, actions, damages, claims, - amount not less than Two Million Dollars
demands, judgments, losses, suits or actions, costs, and
expenses arising out of any claim asserted for infringement claims-made 00) coverage either aper-occurrence or
of copyright, including reimbursement of the cost of claims-made age basis.
reasonable attomeys' fees incurred by the County, its
agents, servants, officials, and employees in any action or liability The County may mandate an increase in the
proceeding arising out of or in connection with any claim lability limits set forth in the immediately preceding
asserted for infringement of copyright. paragraphs (I1)(a)(i), (ii), and (iv).
C. The Contractor shall defend the County, its c. All policies providing such coverage shall be
agents, servants, officials, and employees in any proceeding issued by insurance companies authorized to do business in
or action, including appeals, arising out of, or in New York with an A.M. Best rating of A- or better.
connection with, the Contract, and any copyright
prior
infringement proceeding or action. Alternatively, at the to the The execution the Contractor shall Contract, furnish declaration the pages County, for each
County's option, the County may defend any such to
proceeding or action and require the Contractor to pay policy insurance and certificates, other than a policy for
reasonable attorneys' fees or salary costs of County commercial general liability insurance, and upon demand, a
such policy
employees of the Department of Law for the defense of any true and certified ance with copy the of each aforesaid insurance
such suit. evidencing compliance w
requirements.
11. Insurance e. In the case of commercial general liability
insurance, and business use automobile insurance, the
A. The Contractor shall continuously maintain, Contractor shall furnish to the County, prior to the
during the Term of the Contract, insurance in amounts and execution of the Contract, a declaration page or insuring
types as follows: _ agreement and endorsement page evidencing the County's
3 of 7 pages
Exhibit I
Consultant/Personal Services
Exhibit 1 Rev. InI13
status as an additional insured on said policy, and upon 16. Non-Discrimination in Services
demand, a true and certified original copy of such policy
evidencing compliance with the aforesaid insurance a. The Contractor shall not, on the grounds of race,
requirements. creed, color, national origin, sex, age, disability, sexual
orientation, military status, or marital status:
f. All evidence of insurance shall provide for the
County to be notified in writing thirty (30) days prior to i.) deny any individual the Services
any cancellation, nonrenewal, or material change in the provided pursuant to the Contract; or
policy to which such evidence relates. It shall be the duty ii.) provide the Services to an individual
of the Contractor to notify the County immediately of any that is different, or provided in a different
cancellation, nonrenewal, or material change in any manner, from those provided to others pursuant
insurance policy. to the Contract; or
g. In the event the Contractor shall fail to provide iii.) subject an individual to segregation or
evidence of insurance, the County may provide the - separate treatment in any matter related to the
insurance required in such manner as the County deems individual's receipt of the Services provided
appropriate and deduct the cost thereof from a Fund pursuant to the Contract; or
Source.
iv.) restrict an individual in any way from
12. Independent Contractor any advantage or privilege enjoyed by others
receiving the Services provided pursuant to the
The Contractor is not, and shall never be, considered an Contract; or
employee of the County for any purpose. Notwithstanding v.) treat an individual differently from
anything herein, the Contract shall not be construed as others in determining whether or not the
creating a principal-agent relationship between the County individual satisfies any eligibility or other
and the Contractor or the Contractor and the County, as the requirements or conditions which individuals
case may be. must meet in order to receive the Services
provided pursuant to the Contract.
13. Severability b. The Contractor shall not utilize criteria or
methods
It is expressly agreed that if any term or provision of the of administration which have the effect of
subjecting individuals to discrimination because of their
Contract, or the application thereof to any person or
circumstance, shall be held invalid or unenforceable to any seexe.ual creed, color, orientation, origin, sex, age, disability,
extent, the remainder of the Contract, or the application of sexual military status, or marital status, have
with
such term or provision to persons or circumstances other the effect of substantially impairing the Contract with
respect to individuals of a particular race, creed, color,
than those as to which it is held invalid or unenforceable, national origin, sex, age, disability, sexual orientation,
shall not be affected thereby, and every other term and military status, or marital status, in determining:
provision of the Contract shall be valid and shall be
enforced to the fullest extent permitted by law. i.) the Services to be provided, or
14. Merger; No Oral ii.) the class of individuals to whom, or the
Changes situations in which, the Services will be
or
It is expressly agreed that the Contract represents the entire provided;
agreement of the parties and that all previous iii.) the class of individuals to be afforded
understandings are herein merged in the Contract. No an opportunity to receive the Services.
modification of the Contract shall be valid unless in written
form and executed by both parties. 17. Nonsectarian Declaration
15. Set-Off Rights The Services performed under the Contract are secular in
nature. No funds received pursuant to the Contract shall be
The County shall have all of its common law, equitable, used for sectarian purposes or to further the advancement
and statutory rights of set-off. These rights shall include, of any religion. The Services will be available to all
but not be limited to, the County's option to withhold from eligible individuals regardless of religious belief or
a Fund Source an amount no greater than anymoneys due affiliation.
and owing to the County for any reason. The County shall
exercise its set-off rights subject to approval by the County 18. Governing Law
Attorney. In cases of set-off pursuant to a Comptroller's
audit, the County shall only exercise such right after the The Contract shall be governed by and construed in
finalization thereof; and only after consultation with the accordance with the laws of the State of New York, without
County Attorney. regard to conflict of laws. Venue shall be designated in the
4 of 7 pages
Exhibit I
Consultant(Personal Services
Exhibit 1 Rev. In113
Supreme Court, Suffolk County, the United States District provisions of the Contract and to any other condition the
Court for the Eastern District of New York or, if County requires. No approval of any Assignment shall be
appropriate, a court of inferior jurisdiction in Suffolk construed as enlarging any obligation of the County under
County. the terms and provisions of the Contract. No Assignment
of the Contract or assumption by any person of any duty of
19. No Waiver the Contractor under the Contract shall provide for, or
otherwise be construed as, releasing the Contractor from
it shall not be construed that any failure or forbearance of any term or provision of the Contract.
the County to enforce any provision of the Contract in any 24 Changes to Contractor
particular instance or instances is a waiver of that
provision. Such provision shall otherwise remain in full a. The Contractor may, from time to time, with the
force and effect, notwithstanding any such failure or County's consent, enter into a Permitted Transfer. For
forbearance. purposes of the Contract, a Permitted Transfer means:
20. Conflicts of Interest i.) if the Contractor is a partnership, the
withdrawal or change, voluntary, involuntary or
The Contractor shall not, during the Term, pursue a course by operation of law, of the partners, or transfer of
of conduct which would cause a reasonable person to partnership interests (other than the purchase of
believe that he or she is likely to be engaged in acts that partnership interests by existing partners, by the
create a substantial conflict between its obligations under partnership itself or the immediate family
the Contract and its private interests. The Contractor is members by reason of gift, sale or devise), or the
charged with the duty to disclose to the County the dissolution of the partnership without immediate
existence of any such adverse interests, whether existing or reconstitution thereof; and
potential. This duty shall continue as long as the Term.
The determination as to whether or when a conflict may ii.) if the Contractor is a closely held
potentially exist shall ultimately be made by the County corporation (i.e. whose stock is not publicly held and
Attorney after full disclosure is obtained. not traded through an exchange or over the counter),
21. Cooperation on Claims 1. the dissolution, merger,
consolidation or other reorganization of
The Contractor and the County shall render diligently to the Contractor,
each other, without compensation, any and all cooperation
that may be required to defend the other party, its 2. the sale or other transfer of
employees and designated representatives against any twenty percent (200/o) or more of the
claim, demand or action that may be brought against the shares of the Contractor (other than to
other party, its employees or designated representatives existing shareholders, the corporation
arising out of, or in connection with, the Contract. itself or the immediate family members
of shareholders by reason of gift, sale
22. Confidentiality or devise).
Any document of the County, or any document created by b. If the Contractor is a not-for-profit corporation, a
the Contractor and used in rendering the Services, shall change of twenty percent (200/6) or more of its shares or
remain the property of the County and shall be kept members shall be deemed a Permitted Transfer.
confidential in accordance with applicable laws, rules, and c The Contractor shall notify the County in writing,
regulations.
- which notice (the "Transfer Notice") shall include:
23. Assignment and Subcontracting i,) the proposed effective date of the
Permitted Transfer, which shall not be less than
a. The Contractor shall not delegate its duties under thirty (30) days nor more than one hundred
the Contract, or assign, transfer, convey, subcontract, eighty (180) days after the date of delivery of the
sublet, or otherwise dispose of the Contract, or any of its Transfer Notice;
right, title or interest therein, or its power to execute the
Contract, or assign all or any portion of the monies that ii) a summary of the material terms of the
may be due or become due hereunder, (collectively referred proposed permitted Transfer,
to in this paragraph 23 as "Assignment"), to any other
person, entity or thing without the prior written consent of iii,) the name and address of the proposed
the County, and any attempt to do any of the foregoing transferee,
without such consent shall be void ab initio.
b. Such Assignment shall be subject to all of the iv.) such information reasonably required
5 of 7 pages
Exhibit I
Consultant/Personal Services
Exhibit I Rev. 17113
by the County, which will enable the County to Any book, article, report, or other publication related to the
determine the financial responsibility, character, Services provided pursuant to this Contract shall contain
and reputation of the proposed transferee, nature the following statement in clear and legible print:
of the proposed assigneeltransferce's business
and experience; "This Su is fully or partially funded by
the County unty of f Suffolk."
V.) all executed forms required pursuant to
Exhibit 2 of the Contract, that are required to be
submitted by the Contractor; and 28. Copyrights and Patents
vi.) such other information as the County a. Copyrights
may reasonably require. If the work of the Contractor should result in the
d. The County agrees that any request for its production of original books, manuals, films, or other
consent to a Permitted Transfer shall be granted provided materials for which a copyright may be granted, the
that the transfer does not violate any provision of the Contractor may secure copyright protection. However, the
a county reserves to itself; and the Contractor hereby gives
Contract, and the transferee has not been convicted of
the
to the County, offense as described under Article II of Chapter and nonexclusive any other person license to designated by produce,
189 of the Suffolk County Code. The County shall grant or County, royalty-free, translate,
deny its consent to any request of a Permitted Transfer reproduce, publish, , translate, or otherwise use any such
within twenty (20) days after delivery to the County of the materials.
Transfer Notice, in accordance with the provisions of b. Patents
Paragraph 32 of this Exhibit 1 of the Contract. If the
County shall not give written notice to the Contractor If the Contractor makes any discovery or
denying its consent to such Permitted Transfer (and setting invention during the Term, or as a result of work performed
forth the basis for such denial in reasonable detail) within under the Contract, the Contractor may apply for and
such 20-day period, then the County shall be deemed to secure for itself patent protection. However, the County
have granted its consent to such Permitted Transfer. reserves to itself and the Contractor hereby gives to the
e. Notwithstanding the County's consent, County, and to any other person designated by the County,
a royalty-free, nonexclusive license to produce or otherwise
i.) the terms and conditions of the use any item so discovered or patented.
Contract shall in no way be deemed to have been 29. Arrears to County
waived or modified, and
ii.) such consent shall not be deemed The Contractor warrants that, except as may otherwise be
consent to any further transfers. authorized by agreement, it is not in arrears to the County
upon any debt, contract, or any other lawful obligation, and
25. No Intended Third Party Beneficiaries is not in default to the County as surety.
The Contract is entered into solely for the benefit of the 30. Lawful Hiring of Employees Law in Connection
County and the Contractor. No third party shall be deemed with Contracts for Construction or Future
a beneficiary of the Contract and no third party shall have Construction
the right to make any claim or assert any right under the In the event that the Contract is subject to the Lawful
Contract.
Hiring of Employees Law of the County of Suffolk, Suffolk
26. Certification as to Relationships County Code Article II of Chapter 353, as more fully set
forth in Exhibit 2 entitled "Suffolk County Legislative
The Contractor certifies under penalties of perjury that. Requirements," the Contractor shall maintain the
other than through the funds provided in the Contract and documentation mandated to be kept by this law on the
other valid agreements with the County, there is no known construction site at all times. Employee sign-in sheets and
spouse, life partner, business, commercial, economic, or register/log books shall be kept on the construction site at
financial relationship with the County or its elected all times and all covered employees, as defined in the law,
officials. The Contractor also certifies that there is no shall be required to sign such sign-in sheets/register/log
relationship within the third degree of consanguinity, books to indicate their presence on the construction site
between the Contractor, any of its partners, members, during such working hours.
directors, or shareholders owning five percent (5%) or
more of the Contractor, and the County. 31. Record Retention
The Contractor shall retain all accounts, books, records,
27. Publications and other documents relevant to the Contract for seven
6 of 7 pages
Exhibit 1
Consultant/Personal Services
Exhibit 1 Rev. 1/7/13
(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 from 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. Without limiting the generality of the
foregoing, records directly related to contract
expenditures shall be kept for a period of ten (10) years
because the statute of limitations for the New York
False Claims Act (New York False Claims Act § 192)
is ten (10) years.
32. Notice
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 Contractor at the address on page 1 of the Contract
and 2.) to the County at the Department, or as to either of
the foregoing, to such other address as the addressee shall
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), Hauppauge, New York, 11788-
0099.
End of Text for Exhibit 1
7 of 7 pages
Exhibit 1
Consultant/Personal Services
Exhibit2 Rev. 2/21/12
Exhibit 2 entitled "Suffolk County Department of Labor -
Suffolk County Legislative Requirements Living Wage Unit Notice of Application for
County Compensation (Contract)."
1. Contractor's/Vendor's Public Disclosure
Suffolk County Living Wage Form LW-38;
Statement entitled "Suffolk County Department of Labor -
Living Wage Unit Living Wage
It shall be the duty of the Contractor to read, Certification/Declaration - Subject To Audit."
become familiar with, and comply with the
requirements of section A5-7 of Article V of the 3. Use of County Resources to Interfere with
Suffolk County Code. Collective Bargaining Activities
Unless certified by an officer of the Contractor as It shall be the duty of the Contractor to read,
being exempt from the requirements of section become familiar with, and comply with the
A5-7 of Article V of the Suffolk County Code,
the Contractor represents and warrants that it has requirements of Article I of Chapter 803 of the
filed with the Comptroller the verified public Suffolk County Code.
disclosure statement required by Suffolk County
Administrative Code Article V, Section A5-7 and County Contractors (as defined by section 803-2)
shall file an update of such statement with the shall comply with all requirements of Chapter
Comptroller on or before the 31 at day of January 803 of the Suffolk County Code, including the
in each year of the Contract's duration. The following prohibitions:
Contractor acknowledges that such filing is a a. The Contractor shall not use County
material, contractual and statutory duty and that funds to assist, promote, or deter union
the failure to file such statement shall constitute a organizing.
material breach of the Contract, for which the
County shall be entitled upon a determination b. No County funds shall be used to
that such breach has occurred, to damages, in reimburse the Contractor for any costs
addition to all other legal remedies, of fifteen incurred to assist, promote, or deter
percent (15%) of the amount of the Contract union organizing.
Required Form: C. No employer shall use County property
Suffolk County Form SCEX 22; entitled to hold a meeting with employees or
"Contractor's/Vendor's Public Disclosure supervisors if the purpose of such
Statement" meeting is to assist, promote, or deter
union organizing.
2. Living Wage Law
If the Services are performed on County property,
it shall be the duty of the Contractor to read, the Contractor must adopt a reasonable access
become familiar with, and comply with the agreement, a neutrality agreement, fair
requirements of Chapter 575, of the Suffolk communication agreement, non-intimidation
County Code. agreement, and a majority authorization card
agreement
This Contract is subject to the Living Wage Law
of the County of Suffolk. The law requires that, If the Services are for the provision of human
unless specific exemptions apply, all employers services and are not to be performed on County
(as defined) under service contracts and property, the Contractor must adopt, at the least,
recipients of County financial assistance, (as a neutrality agreement.
defined) shall provide payment of a minimum
wage to employees as set forth in the Living Under the provisions of Chapter 803, the County
Wage Law. Such rate shall be adjusted annually shall have the authority, under appropriate
pursuant to the terms of the Suffolk County circumstances, to terminate the Contract and to
Living Wage Law of the County of Suffolk. seek other remedies as set forth therein, for
Under the provisions of the Living Wage Law, violations of this Law.
the County shall have the authority, under
appropriate circumstances, to terminate the Required Form:
Contract and to seek other remedies as set forth Suffolk County Labor Law Form DOL-LO I;
therein, for violations of this Law. entitled "Suffolk County Department of Labor-
Labor Mediation Unit Union Organizing
Required Forms: Certification/Declaration - Subject to Audit"
Suffolk County Living Wage Form LW-1;
1 of 3 pages
Consultant/Personal Services
Exhibit 2 Rev. 2/21/12
4. Lawful Hiring of Employees Law for the duration of any contract and upon the
renewal or amendment of the Contract, and
It shall be the duty of the Contractor to read, whenever a new contractor or subcontractor is
become familiar with, and comply with the hired under the terms of the Contract.
requirements of Article II of Chapter 353 of the
Suffolk County Code. The Contractor acknowledges that such filings
are a material, contractual and statutory duty and
This Contract is subject to the Lawful Hiring of that the failure to file any such statement shall
Employees Law of the County of Suffolk. It constitute a material breach of the Contract.
provides that all covered employers, (as defined),
and the owners thereof, as the case may be, that Under the provisions of the Lawful Hiring of
are recipients of compensation from the County Employees Law, the County shall have the
through any grant, loan, subsidy, funding, authority to terminate the Contract for violations
appropriation, payment, tax incentive, contract, of this Law and to seek other remedies available
subcontract, license agreement, lease or other under the law.
financial compensation agreement issued by the
County or an awarding agency, where such The documentation mandated to be kept by this
compensation is one hundred percent (100%) law shall at all times be kept on site. Employee
funded by the County, shall submit a completed sign-in sheets and register/log books shall be kept
swom affidavit (under penalty of perjury), the on site at all times during working hours and all
form of which is attached, certifying that they covered employees, as defined in the law, shall
have complied, in good faith, with the be required to sign such sign-in
requirements of Title 8 of the United States Code sheets/register/log books to indicate their
Section 1324a with respect to the hiring of presence on the site during such working hours.
covered employees (as defined) and with respect
to the alien and nationality status of the owners Required Forms:
thereof. The affidavit shall be executed by an
authorized representative of the covered Suffolk County Lawful Hiring of Employees Law
employer or owner, as the case may be; shall be Form LHE-1; entitled"Suffolk County
part of any executed contract subcontract, license Department of Labor-Notice Of Application To
agreement, lease or other financial compensation Certify Compliance With Federal Law (8 U.S.C.
agreement with the County; and shall be made Section 1324a) With Respect To Lawful Hiring
available to the public upon request. of Employees."
All contractors and subcontractors (as defined) of Suffolk County Lawful Hiring of Employees Law
covered employers, and the owners thereof, as Form LHE-2; entitled "Affidavit Of Compliance
the case may be, that are assigned to perform with The Requirements Of 8 U.S.C. Section
work in connection with a County contract, 1324a With Respect To Lawful Hiring Of
subcontract, license agreement, lease or other Employees"
financial compensation agreement issued by the
County or awarding agency, where such 5. Gratuities
compensation is one hundred percent (100%)
funded by the County, shall submit to the covered It shall be the duty of the Contractor to read,
employer a completed sworn affidavit (under become familiar with, and comply with the
penalty of perjury), the form of which is attached, requirements of Chapter 664 of the Suffolk
certifying that they have complied, in good faith, County Code.
with the requirements of Title 8 of the United
States Code Section 1324a with respect to the The Contractor represents and warrants that it has
hiring of covered employees and with respect to not offered or given any gratuity to any official,
the alien and nationality status of the owners employee or agent of the County or the State or
thereof, as the case may be. The affidavit shall of any political party, with the purpose or intent
be executed by an authorized representative of of securing an agreement or securing favorable
the contractor, subcontractor, or owner, as the treatment with respect to the awarding or
case may be; shall be part of any executed amending of an agreement or the making of any
contract, subcontract, license agreement, lease or determinations with respect to the performance of
other financial compensation agreement between an agreement.
the covered employer and the County; and shall
be made available to the public upon request. 6. Prohibition Against Contracting with
Corporations that Reincorporate Overseas
An updated affidavit shall be submitted by each
such employer, owner, contractor and It shall be the duty of the Contractor to read,
subcontractor no later than January 1 of each year become familiar with, and comply with the
2 of 3 pages
Consultant/Personal Services
Exhibit 2 Rev. 221/12
requirements of sections A4-13 and A4-14 of any judicial or administrative forum.
Article IV of the Suffolk County Code.
10. Youth Sports
The Contractor represents that it is in compliance
with sections A4-13 and A4-14 of Article IV of It shall be the duty of the Contractor to read,
the Suffolk County Code. Such law provides that become familiar with, and comply with Article
no contract for consulting services or goods and III of Chapter 730 of the Suffolk County Code.
services shall be awarded by the County to a
business previously incorporated within the All contract agencies that conduct youth sports
U.S.A. that has reincorporated outside the U.S.A. programs are required to develop and maintain a
written plan or policy addressing incidents of
7. Child Sexual Abuse Reporting Policy possible or actual concussion or other head
injuries among sports program participants. Such
It shall be the duty of the Contractor to read, plan or policy must be submitted prior to the
the award of a County contract, grant or funding.
become familiar with, and comply with
Receipt of
requirements of Article II of Chapter 880 of the such plan or policy the County
Suffolk County Code. does not represent approval or endorsement of
any such plan or policy, nor shall the County be
The Contractor shall comply with Article II of subject to any liability in connection with any
Chapter 880, of the Suffolk County Code, such plan or policy.
entitled "Child Sexual Abuse Reporting Policy,"
as now in effect or amended hereafter or of any 11. Work Experience Participation
other Suffolk County Local Law that may
become applicable during the term of the If the Contractor is a not-for-profit or
Contract with regard to child sexual abuse governments] agency or institution, each of the
reporting policy. Contractor's locations in the County at which the
Services are provided shall be a work site for
8. Non Responsible Bidder public-assistance clients of Suffolk County
pursuant to Chapter 281 of the Suffolk County
It shall be the duty of the Contractor to read, Code at all times during the Term of the Contract.
with, and comply with the If no Memorandum of Understanding.("MOU")
become f with the Suffolk County Department of Labor for
requirements familiar
Article II of Chapter 189 of the
Suffolk County Code. work experience is in effect at the beginning of
the Term of the Contract, the Contractor, if it is a
not-for
Upon signing the Contract, the Contractor -profit or governmental agency or
of a institution, shall enter into such MOU as soon as
certifies that it has not been convicted
possible after
criminal offense within the last ten (10) years. the execution the Contract and
The term "conviction" shall mean a finding of failure enter into or perform in accordance
guilty after a trial or a plea of guilty to an offense with such MOU shall be e deemed to a failure to
covered under section 189-5 of the Suffolk perform accordance with the Contract, for
County Code under "Nonresponsible Bidder." which the County may withhold payment
terminate the Contract or exercise such such other
9. Use of Funds in Prosecution of Civil remedies as may be appropriate in the
Actions Prohibited circumstances.
It shall be the duty of the Contractor to read, 12. Suffolk County Local Laws Website
become familiar with, and comply with the Address
requirements of Article III of Chapter 893 of the
Suffolk County Code. Suffolk County Local Laws, Rules and
Regulations can be accessed on the homepage of
The Contractor shall not use any of the moneys, the Suffolk County Legislature.
in part or in whole, and either directly or
indirectly, received under the Contract in End of Text for Exhibit 2 -
connection with the prosecution of any civil
action against the County in any jurisdiction or
3 of 3 pages
SUFFOLK COUNTY DEPARTMENT OF LABOR, LICENSING & CONSUMER AFFAIRS
LOCAL LAW COMPLIANCE UNIT
LIVING WAGE CERTIFICATION/DECLARATION - SUBJECT TO AUDIT
If either of the following definitions of 'compensation' (Living Wage Law Chapter 575 - 2) applies to the contractor's/recipient's
business or transaction with Suffolk County, the contractor/recipient 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/reciplent 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. Uwe hereby agree to comply with all the provisions of Suffolk County
Local Law No. 12-2001, the Suffolk County Living Wage Law (the Law) and, as such, will provide to all full, part-time
or temporary employed persons who perform work or render services on or for a project, matter, contract or subcontract
where this company has received compensation, from the County of Suffolk as defined in the Law (compensation) a
wage rate of no less than $11.52 ($9.25 for child care providers) per hour worked with health benefits, as described in
the Law, or otherwise $13.12 ($10.50 for child care providers) per hour or the rates as may be adjusted annually in
accordance with the Law. (Chapter 575-3 B)
Check if
applicable I/we further agree that any tenant or leaseholder of this company that employs at least ten (10) persons and occupies
property or uses equipment or property that is improved or developed as a result of compensation or any contractor or
subcontractor of this company that employs at least ten (10) persons in producing or providing goods or services to this
company that are used in the project or matter for which this company has received compensation shall comply with
all the provisions of the Law, including those specified above. (Chapter 575-2)
Uwe 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 575-7 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 575-4 C)
Section II The Living Wage Law does not apply to this contract for the following reason(s):
Check if
applicable
Section III
Contractor Name: Town of Southold Federal EmployerID#: 11-600-1939
Contractor Address: 59035 Main Road Amount of compensation: $7,238.00
Southold, New York 11971 Vendor
Contractor Phone (631) 765-1889
Description of project or service:
Section IV
Id eclare under pe of perjury under the Laws of the State of New York that the undersigned is authorized to provide this certification,
and that the abo 'true and co t. ? I g 3
Authorized i81ature Date
Scott A Russell, Supervisor
Print Name and Title of Authorized Representative
DOL: LW-38 (revised 12/12)
SUFFOLK COUNTY DEPARTMENT OF LABOR - LIKING WAGE UNIT
NOTICE OF APPLICATION FOR COUNTY ASSISTANCE (Contract)
Living Wage Law, Suffolk County Code, Chapter 575 (2001)
To Be Completed By Applicant/ Employer/Contractor
1) NAME: Town of Southold
2) VENDOR 3) CONTRACT ED
If known)
(if 4) CONTACT: Lynne )Rrauza 5) TELEPHONE (631)t 765-1939
6) ADDRESS: 59035 Main Road
Southold, New York 11971
7) TERM OF CONTRACT (DATES): 6/ l/ 13-6/30/ 14
8) PROJECT NAME: (IF DIFFERENT FROM #1) operation Shield
9) AMOUNT: $7,238.00
10) AWARDINGAGENCY• Homeland Security
11) BRIEF DESCRIPTION OF PROJECTOR SERVICE:
Maritime law enforcement focusing on foreign flagged vessels.
Suffolk
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 fulfilling the terms
of this contract, broken down annually for each year of the term of the contract).
DOL: LW-I(revised 4/12)
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 County Code Chapter 353 2006
To Be Completed By Applicant/ Covered Employer//Owner
EMPLOYER/CORPJBUSINESS/COMPANY NAME: Town of Southold
1) ADDRESS: 59035 Main Road
Southold, New York 11971
2) NOT-FOR-PROFIT: YES x NO_ (SUBMIT PROOF OF IRS NOT-FOR-PROFIT STATUS)
3) VENDOR 4) CONTRACT ID:
(If known) (If known)
5) CONTACT: Lynne Krauza 6) TELEPHONE (631) 765-1939
7) TERM OF CONTRACT OR EXTENSION (PROVIDE DATES): 6 / I / 13-6 / 30/ 14
8) BRIEF DESCRIPTION OF COMPENSATION, PROJECT OR SERVICE
Maritime law enforcement 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 SECTION 353-14 (A):
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. (1) 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-1B visa, H-211 visa,
and L-I 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. DOL: LHE-1 (revised 4/12)
AFFIDAVIT OF COMPLIANCE
WITH THE REQUIREMENTS OF
8 U.S.C. SECTION 1324a
WITH RESPECT TO LAWFUL HERING OF EMPLOYEES
State of New York )
ss:
Countyof Suffolk County )
Scot tOussell being duly sworn, deposes and says:
(Print Name of Deponent)
1. I am the owner/authorized representative of Town of Southold
(Circle one) (Name of Corp., Business, Company)
2. 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 353.
4i 9tureofDeponenr)
Sworn to before me this 04`day
of 20
(Notary Public)
MARM D. FINNEGAN
Notary Public, State of New York
No. IF ~~coun
DO LHssio
mmission Expires March 26,ty0 t!
Suffolk County, New York
Department of Labor
SUFFOLK COUNTY DEPARTMENT OF LABOR - LABOR MEDIATION UNIT
UNION ORGANIZING CERTIFICATIONMECLARATION - SUBJECT TO AUDIT
If the following definition of "County Contractor" (Union Organizing Law Chapter 803-2) applies to the
contractor's/beneficiary's business or transaction with Suffolk County, the contractor/beneficiary must complete Sections I,
III, and IV below. If the following definitions do not apply, the contractor/beneficiary must complete Sections II, III and IV
below. Completed forms must be submitted to the awarding agency.
County Contractor: "Any employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a
written contract with the County of Suffolk or any of its agencies; pursuant to a Suffolk County grant; pursuant to a Suffolk County
program; pursuant to a Suffolk County reimbursement for services provided in any calendar year; or pursuant to a subcontract with
any the above."
Section I
? The Union Organizing Law applies to this contract. I/we hereby agree to comply with all the provisions of Suffolk
County Local Law No. 26-2003, the Suffolk County Union Organizing Law (the law) and, as to the goods and/or
services that are the subject of the contract with the County of Suffolk shall not use County funds to assist, promote,
Check if or deter union organizing (Chapter 803-3 A), nor seek reimbursement from the County for costs incurred to assist,
Applicable promote, or deter union organizing. (Chapter 803-3 B)
Uwe further agree to take all action necessary to ensure that County funds are not used to assist, promote, or deter
union organizing. (Chapter 803-313)
Uwe further agree that Uwe will not use County property to hold meetings to assist, promote, or
deter union organizing. (Chapter 803-3E)
Uwe further agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are made,
I/we shall maintain records sufficient to show that no County funds were used for those expenditures and, as
applicable, that no reimbursement from County funds has been sought for such costs. Uwe 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 803-31)
Uwe further affirm to the following as to the goods and/or services that are the subject of the contract with the
County of Suffolk:
• Uwe will not express to employees any false or misleading information that is intended to influence the
determination of employee preferences regarding union representation;
• Uwe will not coerce or intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining
representative;
• Uwe will not require an employee, individually or in a group, to attend a meeting or an event that is intended to
influence his or her decision in selecting or not selecting a bargaining representative;
• Uwe understand my/our obligation to limit disruptions caused by prerecogaition labor disputes through the
adoption of nonconfrontational procedures for the resolution of prerecognition labor disputes with employees
engaged in the production of goods or the rendering of services for the County; and
• Uwe have or will adopt any or all of the above-referenced procedures, or their functional equivalent, to ensure
the efficient, timely, and quality provision of goods and services to the County. Uwe shall include a list of said
procedures in such certification.
Section II
I -1 The Union Organizing Law does not apply to this contract for the following reason(s):
X
Will not receive more than S50,000 in County funds
Check if
Applicable
DOL: LOI (revised 4/12)
Suffolk County, New York
Department of Labor
Section III
1I-600-1939
Contractor Name: Town of Southold Federal Employer ID#:
Contractor Address: 59035 Main Road Amount of Assistance: $7,238.00
Southold, New. York 11971 Vendor
Contractor Phone (631) 765-1939
Description of project or service: Maritime law enforcement focusing on foreign flagged vessels.
Section IV
In the event any part of the Union Organizing Law, Chapter 803 of the Laws of Suffolk County, is found by a court of competent
jurisdiction to be preempted by federal and/or state law, this certification/declaration shall be void ab initio.
Section V
I declare under penalty of jury under the Laws of the State of New York that the undersigned is authorized to provide this
certification, and that the a is true d correct.
Date
Authorized Signa e
ScottARussell, Supervisor
Print Name and Title of Authorized Representative
DOL: LOI (revised 4/12)