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Port Security Grant Program
A'"0 RESOLUTION 2013-830 •`8 ADOPTED DOC ID: 9261 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-830 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 19,2013: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the First Amendment to Agreement between the Town of Southold and the County of Suffolk, acting through its duly constituted Sheriff's Office, in connection with the NYS Office of Homeland Security Port Security Grant Program regarding grant funds in the sum of $191,410.00 for the term commencing on January 1, 2013 and ending on May 31, 2014, with a one year renewal option, 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 Rev. 11/6/13 Law No. 15-SH-04 IFMS No. SCS EXE ORIGINAL Port Security Grant Program ("P GP") Amendment No. 1 First Amendment of Agreement This is the First Amendment of an Agreement, last dated 9/16/13 between the County of Suffolk (County), a mu- nicipal corporation of the State of New York, having its principal office at the County Center, Riverhead, New York 11901, acting through its duly constituted duly constituted Sheriff s Office ("the Office"), located at 100 Center Drive, Riverhead, New York 11901, and the Town of Southold (Contractor), having its principal place of business at 59035 Main Road, Southold, New York 11971. The parties hereto desire to modify the Agreement amending Contractor term services as necessary and required. Term of Agreement: Shall be January 1, 2013 through May 31, 2014, with an option to extend for a period of up to one year, which option may be exercised with the mutual consent of the parties. Total Cost of Agreement: Shall not exceed $23,220.73, as set forth in Article IV. Terms and Conditions: Shall be as set forth in Article IV. In Witness Whereof, the parties hereto have executed this First Amendment of Agreement as of the latest date written below. Town of South County Suffolk y: Ajz-cz~ Nan Scott A. Russell y: Title: Town Su isor Denni M. Cohen Date: ills ' 113 Chief Deputy ~ /County Executive Fed. Taxpayer ID 11-600-1939 Date: 14LiJ 6 5C-0t t S e-(( hereby certifies under penalties of perjpry !ha I am o ¢er of 'l'' d that I have read and am roved: amiliar th §A5-7 of Article V of the uffo k County Code, and PP hat meets all require- Suffolk County Sheriff's Office ents to qualify fore tion thereunder. ~ Y• y:-~ Date: 1 Vincent F. DeMarco, Sheriff / 113 ate: { Approved as to Legality: ennis M. Brown County Atto Y Mary E&o4r Assistant County Attorney ate: 11 Page 1 of 2 0023481 Rev. 11/6/13 Law No. 15-SH-010 IFMS No. SCS EXE Port Security Grant Program ("PSGP") Amendment No. 1 Amendment No. 1 Whereas, the County and Contractor have entered into an Agreement for a term from May 31, 2013 through May 31, 2014 to support operations conducted by the East End Marine Task Force, to include: planning, equip- ment, training and exercise needs associated with preparedness and prevention activities for terrorist events us- ing weapons of mass destruction involving chemical, biological, radiological, nuclear materials, and, Whereas, the parties hereto desire to amend the Agreement to revise the Term of the Agreement as set forth be- low; Now, Therefore, in consideration of the covenants, promises and consent herein contained, the parties hereto agree as follows: 1. Term of Agreement The Term of Agreement is as set forth on page 1 of this First Amendment of Agreement. 2. Gratuities The Contractor represents and warrants that it has not offered or given any gratuity to any official, em- ployee or agent of Suffolk County or New York 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, and that he has read and is familiar with the provisions of Local Law No. 32-1980 of Suffolk County (Chap- ter 386 of the Suffolk County Code). 3. Agreement Continues, As Amended Except as herein amended, all other representations, terms and conditions of said Agreement, including any and all amendments or budget modifications executed prior to the date hereof, are hereby ratified and confirmed to be in full force and effect. End of Text for Amendment No. 1 Page 2 of 2 Steven Bellone Samuel Chu Suffolk County Executive Commissioner SUFFOLK COUNTY DEPARTMENT OF LABOR, LICENSING & CONSUMER AFFAIRS 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/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 than $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." 7 Section I Check if The Living Wage Law applies to this contract. I/we hereby agree to comply with all the provisions of Suffolk County applicable 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 $11.74 ($9.25 for child care providers) per hour worked with health benefits, as described in the Law, or otherwise $13.37 ($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) 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 ofthis 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) 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 575-7 D) The Suffolk County Department of Labor, Licensing & Consumer Affairs 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 R The Living Wage Law does not apply to this contract for the following reason(s): Check if applicable u o Federal Employer ID#: I I-600- 1939 Section III Contractor own o Southold- Contracor Address: =Cain Roads P_Q- t3oK ((177 Amount of compensation: $23.220.73 Southold, NY 11971-Q`js-p Vendor#: Contractor Phone # 765-2600 Description of projector service: OT expenses associated with training/participation in PSGP. Section IV I declare under Ity of perjury under the Laws of the State of New York that the undersigned is authorized to provide this certification, at the abo is true and correct. .02 Authori Signature Date_- ' Scott A. Russell, Supervisor Print Name and Title of Authorized Representative Steven Bellone Samuel Chu Suffolk County Executive Commissioner SUFFOLK COUNTY DEPARTMENT OF LABOR, LICENSING & CONSUMER AFFAIRS NOTICE OF APPLICATION FOR COUNTY COMPENSATION (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 ID (If known) (If known) 4) CONTACT:Chief Martin Flatley 5) TELEPHONE 765-2600 S p 0- box (l,7 P 6) ADDRESS: Main Road, Southold, NY 11971-073-y 7) TERM OF CONTRACT (DATES): I / l / 13-5/ 31 / 14 8) PROJECT NAME: (IF DIFFERENT FROM #1) Port Security Grant Program 9) AMOUNT: $23,220.73 10) AWARDING AGENCY: Homeland Security 11) BRIEF DESCRIPTION OF PROJECT OR SERVICE: Reimbursement of OT expenses for attending training and/or participation in exercises assocated with Port Security Grant Program. 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-1 (revised 4/13) Suffolk County Department of Law Addendum to LW-1 Re: Items 12 and 13 The Southold Town Police Department will participate in operations conducted by the East End Marine Task Force 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 training and exercise needs associated with preparedness and prevention activities for terrorist events. Officers assigned will only be full time officers covered by the current contract. The lowest hourly rate for a Bay Constable is $23.7632 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. Steven Bellone Samuel Chu Suffolk County Executive Commissioner SUFFOLK COUNTY DEPARTMENT OF LABOR, LICENSING, & CONSUMER AFFAIRS 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/CORP/ BUSINESS/CO~NAME: Town of Southold ADDRESS: Main Road, Southold, NY 11971-10NOT-FOR-PROFIT: YES x NO (Submit Proof of IRS Not-for-Profit Status) VENDOR # (Ifknown): CONTRACT ID (If known): CONTACT: Chief Martin Flatley TELEPHONE 765-2600 TERM OF CONTRACTOR EXTENSION (PROVIDE DATES): I / 1 / 13-5/ 31 / 14 BRIEF DESCRIPTION OF COMPENSATION, PROJECT OR SERVICE Reimbursement of OT expenses for attending training and/or participation in exercises associated with Port Security Grant Program. SUBCONTRACTOR: ADDRESS: VENDOR#: TELEPHONE CONTACT: 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-IB visa, 1-1-213 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 4/13) Steven Bellone Samuel Chu Suffolk County Executive Commissioner SUFFOLK COUNTY DEPARTMENT OF LABOR, LICENSING & CONSUMER AFFAIRS AFFIDAVIT OF COMPLIANCE WITH THE REQUIREMENTS OF 8 U.S.C. SECTION 1324a WITH RESPECT TO LAWFUL HMING OF EMPLOYEES State of New York ) ss: County of Suffolk Scott A. Russell being duly sworn, deposed and says: (Print Name of Deponent) 1. I am owner/authorized representative of Town of Southold (Circle one) (Name of Corp., Business, Company) 2. 1 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 (2006). lgnature of Deponent) 44+b Sworn to before me this U day of e,fi er 20 1 L " (N tary Public) +01; MICHELLE L. TOMASZEWSKI NOTARY PUBLIC-STATE OF NEW YORK N0.01Y06156671 Qualified in Suffolk County my commission EXplres Noyember 27. 201p DOL: LHE-2 (mvised 4/13) SUFFOLK COUNTY DEPARTMENT OF LABOR LICENSING & CONSUMER AFFAIRS - LOCAL LAW COMPLIANCE UNIT NOTICE OF APPLICABILITY OF LIVING WAGE LAW Living Wage Law, Suffolk County Code, Chapter 575 (2001) IF- To Be Completed By The Local Law Compliance Unit DATE: November 12, 2013 TO: Michael P. Sharkey, Chief of Staff, S.C. Office of the Sheriff FROM: Brenda Rose , Director TELEPHONE 631-853-3808 7 VENDOR 11-6001939 REF.: OT Expenses You are hereby notified that the response from Town of Southold has been evaluated by the Local Law Compliance Unit of the Suffolk County Department of Labor, Licensing & Consumer Affairs. 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 575-5 A & B). LW-13 (Revised 2/13) SUFFOLK COUNTY DEPARTMENT OF LABOR LICENSING & CONSUMER AFFAIRS NOTICE OF APPLICATION TO CERTIFY COMPLIANCE WITH FEDERAL LAW (8 U.S.C. SECTION 1324A) WITH RESPECT TO LAWFUL HIRING OF EMPLOYEES VERIFICATION OF SUBMISSION OF LAWFUL HIRING OF EMPLOYEES Suffolk County Code, Chapter 353 (2006) To Be Completed By The Local Law Compliance Unit DATE: November 12, 2013 TO: Michael P. Sharkey, Chief of Staff, S.C. Office of the Sheriff FROM: Brenda R/Ognberg, Director TELEPHONE 631 853-3808 EMPLOYER: Town of Southold VENDOR#: 11-6001939 REF.: OT Expenses You are hereby notified that the submission from Town of Southold has been received by the Local Law Compliance Unit of the Suffolk County Department of Labor, Licensing & Consumer Affairs. 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 (Revised 2/13) Suffolk County, Now York Department of Labor SUFFOLK COUNTY DEPARTMENT OF LABOR-LABOR MEDIATION UNIT ANION ORCAN?M,CERTIFICATION/DECLAR&TION-SUBJECT TO AUDIT If the following definition of "County Contractor" (Union Organizing Law Chapter 466-2) applies to the contractor's/baseiidary's business or transaction with Suffolk County, the contraclodbenefidary must complete Sections I, IM-and IV below, If the following definitions do not apply, the contractorlbeneildary mmt. complete sections If, III and IV below. Completed forms must ba'sabmltted to the awarding agency. w County Contractor,. "Any employer that receives more than $50,000 in County funds for supplying goods or services pursuant to a Written contract w[th the Courity 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 of the above." Section I a TheUnion Organizing Law applies to this contract. Uwe 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 am the subject of the contract with the County of Suffolk shall not use County thirds to assist, promote, Check If or deter union organizing (Chapter 466-3 A), nor seek reimbursement from the County for costs incurred to assist, Applicable promote, or deter union organizing. (Chapter 466.3 B) I/we further agree to take all action necessary to ensure that County funds are not used to assist, promote, or deter union organizing. (Chapter 466-3 ED Uwe further agree that No will not use County property to hold meetings to assist, promote, or deter union organizing. (Chapter 466-3E) Uwe further agree that if any expenditures or casts incurred to assist, promote, or deter union organizing are made, Uwe shall maintain records sufficient to show that no County funds Were used for those expenditures and, as applkable, that no reimbursement from County funds has been sought for such costs. I/we agree that such records shall be made available to the pertinent County agency or authority, the County Comptroller, or the County Department of Law upon request. (Chapter 466-31) 1/we further affirm. to the fallowing as to the goods and/or services that are the subject of the contract with the County of Suffolk: e Uwe will not express to employees any false or misleading information that Is intended to influence the determination of employee preferences regarding union representation; a Uwe will not coerce or Intimidate employees, explicitly or implicitly, in selecting or not selecting a bargaining representative; a 1/we will not require an employee, individually or in a group, to attend a meeting or an event that is intended to influence his or her decision In selecting or not selecting a bargaining representative; a Uwe understand my/our obligation to limit disruptions caused by prancognition labor disputes davugh the adoption ofnonconfrontational procedures for the resolution ofpruecognition labor disputes with employees engaged in the-production ofgaods or the rendering of services for the County; and a I/we have or will adopt any or all of the abovo-referenced procedures, or their functional equivalent, to ensure the efficient, timely, and quality provision of goods and swvloas to the County. Uwe shall Include it list of said procedures In such certification. Section II The Union Organizing Law does not apply to this contract for the following reason(s): x Will not receive more than $50,000.00 in County funds. Check if Applicable DOL-LO 1 (3/5/08) Saf16lk County, New York Department of [Abor Section III Contractor Name: Town of Southold Federal EmployerID#: 11-600-1939 Contractor Address: 59035 Main Road AmouatafAssistance: $23,220.73 Southold, New York 11971 Vendor: ContractorPhmre#: (631) 76ft-UVO Descdptlonofprojeetoraervicc OT expenses associated with training/participation in P~GP. Section IV In the event anypartvf the Union Organizing Law, Chapter 466 of the Laws of Suffolk County, is found by a court of competent jurisdiction to be preempted by fedoral and/or statd law, this certification/declaration shall be void 46 Wk. Section V I declare under penal f perjury under the Laws of the State of Now York that the undersigned is. authorized tD provide this ' certification, and above is hue and correct. Authorized Sighature Bate Scott A. Russell, Supervisor Print Name and Title of Authorized Representative DOL.L.Ol (3/5/08) rA RESOLUTION 2013-297 0 ADOPTED DOC ID: 8710 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-297 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 9,2013: 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 Sheriff's Office, in connection with the NYS Office of Homeland Security Port Security Grant Program regarding grant funds in the sum of $191,410.00 for the term commencing on May 31, 2013 and ending on May 31, 2014, with a one year renewal option, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER: William Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell c Ro' CERTIFICATE OF LIABILITY INSURANCE 0,1!161013 THIS CERTIFICATE 18 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: It eba ariINub 1 0 - N an ADDITIONAL INSURED, tlb POSCYIM) must M eadornd. N SUBROGATION IB WANED, subject to ms bras and owedons of IIw Policy, csrtaln Posldaa may regUlra an endorswant. A MabmsM os Ida aASNats don notebnM Aykb totlw afiftme holder In No W Such en" memje?. PROOUaa PnaN: *M)2064r00 FRC (03/)2N4M cOerA" Barbara Dammere ROY H REEVE AGENCY. INC. ^ N1 2994700 (831) 299-3860 PO BOX 64 = bdammnnfIroymovs.com MA7TITUCK NY 11862 aaUREmaI AFFORDING COVERAGE HMO WWA MA : US Specially Ins. Co. MONACO TOWN OF SOUTHOLD Owaaa• : US Specialty Ins. Co. C(O SOUTHOLD TOWN HALL rlRaMe P.O. BOX 1179 rawvlla SOUTHOLD NY 11971 awleea M{IIInIP COVERAGES CERTIFICATE NUMBER: 47M REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICES 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 DESC I Or HEREIN IS WILIECT TO ALL THE TERMS, SUCH P MG SHOWN VE BEEN RIH DBY PAID CLASS Pan TYR OFnIWRArNX! ADOL MAIN POLICY NUMBER PolsYarr POUCV W Laaif A oalxnL lAnarnr x CPK080420109 07101113 01101114 FAcHOCadaENCE F 1,000.000 X COMMERCIAL ODOM LVALnY IMMM~ i 1.000.000 cLAWaAME QOCCUR MED. EXP IMYaw PSrPOR1 a 10.000 X Sixomowo w PERSONAL AADVVUURY i 11000,000 GENERAL AGGREGATE a 3,000.000 ffiML AO°REOATE LIMIT APPLIES PER: PROOUCTE•COLWIOPAOG S 3,000,000 POl1CY J LOC EMPLOYEE aENa asU i 1,000,000 B AUTOWASta uLeLM CPKG$0420109 01101113 01101N4 qu ow-q sLRa 0 11000,000 X ANY AUTO BOOILYwunYlwPow) S ALL OWNED ac11EO1AEo AUTOS eODarawaYlwaoeaw+l a HIREDAUT. ED 3 i B IRMRwaw Lase HOcaa CPKG$0420109 01101113 01101114 EACHOCCURRENCE s 10.000,000 tACraa LW CLODA54AADE AGGREGATE 3 10.000,000 CEO X RETEIrtIONi 10,000 a L~ TOR/LY1s M i AND DU%*VW Aer FRFnmiaRPAIrmemamm Tin E.LEACHACCDOR i OPPRaMVarR MMLLgwT N/A DISEASE-EA EMPLOYEE i EL - a,MYRMR ~PA~,~ReP tl0lrl'J,II,OROPOP'FI,AIW,aMbw ILL OIBFASE-POLICY LIMIT a DESCRIPTION OF OPERATION ILOCATIONS IVEHICLES IAUnk ACORD 101. AYWaW RR..M, OeMaN, IT wam APKA N wOdad) Certificate holder Is listed as additional Insured under general liability with respect to Port Security Grant Program 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 Sheriff's Olffa ACCORDANCE MTN THE POLICY PROVISIONS. 100 Center Drive AvnAXlam RrrAerwrAraR Riverhead, NY 11901 Attention: tlon: Thomas A. Dickerson ACORD 26 (2010006) 1999-2gas resa . The ACOtNT name and logo are registered marks of ACORD STATE OF NEW YORK WORKERS' COMPENSATION BOARD CERTIFICATE OF PARTICIPATION IN WORKERS' COMPENSATION GROUP SELF-INSURANCE la. Legal Name and Address or Business PartlelpMtag In Group SW- 1d. Business Telephone Number of Business referenced in box Insurance (Use Sheet Address Only) "Into Town of Southold 631-7654333 P.O. Box 1179 Southold, NY 11971 Is. NYS Unemployment Insurance Employer Registratba IL Effeclhe Dab of Membership in Ole Group 01101/2013 Number of Business refercuad In tax "sot" la The Proprleter, partners or Exuma" OBkers are It Federal Empbyer IdenOlleallomblumber of Badness reterenced In Box "law ? Included (only check box If SO psi man sto111ars included) ? all excluded or aelalu pormers/olBars excluded L Name and Address of the Eaft Requesting Prod efCeverage 3. Name and Address of Group SeM insaer (EuOy Being Listed as Cardamom Holder) NEW YORK STATE MUNICIPAL WORKERS' County of Suffolk COMPENSATION ALLIANCE Sheriff's OIEoe CLAIMS ADMINISTERED BY. 1 WRIGHT RISK MANAGEMENT 100 Center Drive 333 EARLE OVINGTON BLVD., SUITE 505 Rivedheatl NY 11901 UNIONDALE~ NY 11553.3524 This certifia that the business referenced above in box ne is complying with the mandatory coverage requirements of the New York State Workers' COMmu ion Law as a participating mamba of the Group Self-huuter listed above in box *3* and participation in such group self-inauona is still in fora. The Group Self-Inatxees Administrator will send this Ca nifiwu of Participation to the entity listed above as the catificete holder to box '2'. The Group Self-bnwe{s Administrator will notify the above certificate holder within 10 days IF the membership of the participant fisted in box "le" is terminated. (These notices may be sent by regular mail.) Otherwise, this Certificate is YaW for a maximum of one year from the dab certified by the group self-insurer. (fehis eenocare nno longer valid aeeard/ng to do above ar delbus and the business rgfeeneed in box, 01aI continues to be named an a permU, license or contract hsued by the conVame holder, the bushed own provide the anlpaare holder either with a new cergilcate or other awhorued proafths bwinessls conflyhg with dte mandatory coverage rap*wnenh ofthe New York State workers'Cmapersaaan Law. Under pmaRy or perjury, I ar1My that I am an authorized representative of the Group Self-lasurer referenced above and that the bud Bass referenced In bon "la" has the coverage as depleted on this form. Certified by: Eric Hartcom 01101/201 3 -1201/2013 (Print creme of authorized representative of the Group Self-Insurer) Data Certified by: (Signature) Title: PROGRAM MANAGER Telephone Number 516750.9409 GSI-105.2 WORKERS' COMPENSATION LAW Section 57 Restriction an issue of permits and the entering Into contracts unless compensation Is secured. 1. 1. The head of a slate or municipal department, board, commission or office authorized or required by law to issue any permit for or in connection with any work involving the employment of employees in a Imrmdous employment defined by this chapter, and notwithstanding any general or special statute requiring or authorizing the issue of such permits, shall not issue such permit unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that compensation for all employees has been segued as provided by this chapter Nothing herein, however, shall be construed as creating any liability at the part of such state or municipal department, board commission or office to pay any compensation to any such employee if so employed. 2. 2. The head of a state or municipal department, board, commission or office authorized or required by law to enter into any contact for or in connection with arty work involving the employment of employes in a hazardous employment defined by this chapter, notwithstanding any gcneml or special statute requiring or authorizing any such contract, shall not enter into any such contract unless proof duly subscribed by an inu mnoe carrier is produced in a form satisfactory to the chair, that compensation for all employees has been secured as provided by this chapter. Please Nob: This Certificate is valid only through the policy dates Indicated above, OR a maximum of one year after this font is approved by the authorized representatives of the Group Self-Insurer. At the expiration of those dates, if the business cadin ues to be named on a permit or contract Issued by the above government entity, the business must provide that government entity with a new Certificate. The business must also provide a new Certificate upon notice or concellatlon or change in status of the policy. GSI-105.2 (2 02) Reva m STATE OF NEW YORK WORKERS' COMPENSATION BOARD CERTIFICATE OF INSURANCE COVERAGE UNDER THE NYS DISABILITY BENEFITS LAW PART 1. To be completed b DilabiB Benefits Carrier or L caned Insurance Agent of that Carrier Ia. Legal Name and Address of Insured (Use street address only) lb. Business Telephone Number of Insured 631-7654333 TOWN OF SOUTHOLD Ic. NYS Unemployment Insurance Employer Registration 53095 ROUTE 25 Number of insured SOUTHOLD, NY 11971 PENDING Id. Federal Employer Identification Number of Insured or Social Security Number 116001939 2. Name and Address of the Entity Requesting Proof of 3e. Name of Insurance Carrier Coverage (Entity Being Listed as the Certificate Holder) HARTFORD LIFE INSURANCE CO. COUNTY OF SUFFOLK SHERIFFS OFFICE 3b. Policy Number of entity listed in box "la": 100 CENTER DRIVE LNY643531 RIVERHEAD, NY 11901 3c. Policy effective period: 04-01-2013 to 0331-2014 4. Policy covers: a. © All of the employer's employes eligible under the New York Disability Benefits Law b. Q Only the following class or classes of the employees employees: Under penalty of pcijury, I certify that I an an authorized representative or licensed agent of the insurance carrier referenced above and that the neared insured has NYS Disability Benefits insurance ooverap as desm-bed above. 04-16-2013 t~ Znlaw Date Signed By (Sipumm ofinsmmceeardw'sudmind ropmttmmiw wNYS ticeaedlnammeApaofdoiomaoeau wrier) Telephone Numbe_JS00149102o Tide Manager IMPORTANT: N box "4" h epaked, and the form it Aped by the bmannce tamer's authorized representative or NYS I.lemoed Ieureace Agent of thin arebr,thbcesratateb COMPLBTg. mouludineethwomertabateholder. Nhoa"A"beheeked, this cortisone b NOTCOMPLM awpurpa e(Seetlm 220.Subd4ottbeDiwbigty Dennis taw. comet Mmaaed for completion to the Workee Compeatloo Board, DB Pboa Acceptance Una, 20 Pork Street, Albany, Neer York 12207. PART 2. To be cons lited b NYS Workers' Compensation Board (Only If box "4b" of Part I has been Checked State Of New York Workers' Compensation Board According b information maiateined by the NYS Workers' Compensation Board, the above-named employer how complied with the NYS Disability Benefit Law with respect to all of hisAmr employees. Date Signed By ($Wmtm of NYS WoAcm' CanpenWon Booed Bmptoyee) Telephone Number Tide Pkaw Naar: 0* huarorrce carriers licensed to write NYS d2sablAry benefits imunwice policies and NIBBasnred insurance agent/ of those Inmrance carriers are awhori ed ro Issas Form DB-I20.1. Insurance brokers are NOT aathorked le Issue tkisforat. D&120.1 (5-06) Additional Instructions for Form DB-120.1 By signing this form, the insurance carrier identified in box "3" on this form is ceallying that it is insuring the business referenced in box "1a" for disability benefits under the New York State Disability Benefits Law. The Insurance Carrier or its licensed agent will send this Certificate of Insurance to the entity listed as the certificate holder in box "2". TAIsCerNJfrntels voildjorgKgl flerofoneyear aJMthb form is approved by the insurance carrier or its 11censed agent, or the pollcy expiration date fined in box 3e". Please Note: Upon the cancellation ofthe disability benefits policy indicated an this farm, ift the business continues to be named on a permit license or contract Issued by aartifieaa holder, the business must provide that anifiate holder with a new Certificate ofNYS DWWliiy Benefits Coverage or other authorised proof that the business is complying with the mandatory, coverage requirements of the Now York State Disability Benefits Low. DISABILITY BENEFITS LAW §220. Subd. 8 (a) The head of a state or municipal department, board, commission or office authorized or required by law to issue any permit for or in connection with any work involving the employment of employees in employment as defined in this article, and not withstanding any general or special statute requiring or authorizing the issue ofsuch permits, shall not issue such permit unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that the payment of disability benefits for all employees has been secured as provided by this article. Nothing herein, however, shall be construed as creating any liability on the part of such state or municipal department, board, commission or office to pay any disability benefits to any such employee if so employed. (b) The head of a state or municipal department, board, commission or office authorized or required by law to enter into any contract for or in connection with any work involving the employment of employees in employment as defined in this article, and notwithstanding arty general or special statute requiring or authorizing any such contract, shall not enter into any such contract unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that the payment of disability benefits for all employees has been secured as provided by this article. 1313-120.1 (5-06) Reverse Law No. 15-SH-010 Port Security Grant Program ("PSGP") 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, Southold, New York 11971. Term of the Contract: May 31, 2013 to May 31, 2014, with an option to extend for a period of up to one year, which option may be exercised with the mutual consent of the parties. Total Cost of the Contract: Shall not exceed $23,220.73, as set forth in Article II, attached. Terms and Conditions: Shall be as set forth in Articles 4, 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 Soutl 'Id COUNTY OF SUFFOLK By: By: Name: Sc A. Russell Name: Dennis M. Cohen Title: Town Su e viso • Title: Chief Deputy County Executive Date: y 1( Aim Date: Fed. Tax ID#: 11-600-193 9 f5 P--(L " A X AfSe/l l hereby certifies under' Approved: penalties of perjury that I am an officer of Suffolk County Sheriff's Office 112t.)a 0-~- Lr7Ytok1 , that I have read and am familiar with Section A5-7 of Article V of the Suffolk / By: County code, and that n top Sn u f/w ld Name: Vincent F. DeMarco Meets all requirements to ualify for exe tion thereunder. Title: Sheriff Date: Name: Date: 'j'/} fs ~sr Approved as to Legality: Paul J. Margiotta Acting County Attorney By: Name: Mary Porter Assistant County Attorney Date: Law No. 15-SH-010 'Port Security Grant Program (`°PSGP") List of Articles & Exhibits Article I Description of Services Article II Definitions 1. Meanings of Terms 2. Elements of Interpretation Article III 1. Contractor Responsibilities a. Duties and Obligations b. Qualifications, Licenses, and Professional Standards c. Notification d. Documentation of Professional Standards e. Credentialing f. Engineering Certificate 2. Termination a. Thirty Days Termination b. Event of Default; termination on Notice c. Termination Notice d. Duties upon Termination 3. Indemnification and Defense 4. Insurance 5. Independent Contractor 6. Severability 7. Merger; No Oral Changes 8. Set-Off Rights 9. Non-Discrimination in Services 10. Nonsectarian/Nonpartisan Declaration 11. Governing Law 12. No Waiver 13. Conflicts of Interest 14. Cooperation on Claims 15. Confidentiality 16. Assignment and Subcontracting 17. Changes to Contractor 18. No Intended Third Party Beneficiaries 19. Certification as to Relationships 20. Publications 21. Copyrights and Patents 22. Arrears to County 23. Lawful Hiring of Employees Law in Connection with Contracts for Construction or Future Construction 24. Record Retention 25. Notice Law'No. 15-SH-010 Port Security Grant Program ("PSGP") Article IV Financial Terms and Conditions 1. Conflicting Provisions 2. General Payment Terms 3. Contract Subject to Appropriation of Funds 4. Accounting Procedures 5. Audit 6. Comptroller's Rules and Regulations for Consultant's Agreements Article V 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 Law No. 15-SH-010 Port Security Grant Program ("PSGP") Article I Description of Services Whereas, the County has received federal pass-through grant funds from the New York State Office of Homeland Security ("PSGP funds") to support operations conducted by the East End Marine Task Force, to include: planning, equipment, training and exercise needs associated with preparedness and prevention activities for terrorist events using weapons of mass destruction involving chemical, biological, radiological, nucleaz materials"; and Whereas, the PSGP funds aze intended to enhance mazitime domain awazeness, risk management capabilities to prevent, detect, respond to and recover from terrorist attacks involving Improvised Explosive Devices ("IEDs") and Chemical, Biological, Radiological and Nucleaz explosives (CBRNE); Whereas, the County has accepted and appropriated said funds via Resolution No. 164-2001; and Whereas, the Contractor will provide personnel to assist the County in the PSGP 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. 2. The Contractor will assist the County in enhancing Suffolk County East End Marine Task Force IED and CBRNE prevention, protection, response and recovery capabilities through: a. Training for the operations level of shipboazd firefighting according to standazds set forth in NFPQ standard 1405; b. Enhancing capabilities of regional Hazmat/Decon teams to detect and mitigate CBRNE incidents in the port azea, decontaminate and treat exposed victims, mitigate deliberate efforts to destroy, incapacitate or exploit Critical Infrastructure and Key Resources; c. Conduct exercises to test training and response capabilities End of Text for Article I Law No. 15-SH-010 Port Security Grant Program ("PSGP") Article II Definitions j. any condition that the County determines, in its sole discretion, is dangerous. 1. Meanings of Terms "Federal" means the United States government, its departments, and As used herein: agencies. "Comptroller" means the Comptroller of the County of Suffolk. "Fund Source" means any direct or indirect sum payable to the Contractor by the County pursuant to any lawful obligation. "Contract" means all terms and conditions of this Contract forming all rights and obligations of the Contractor and the County. "Legislature" means the Legislature of the County of Suffolk. "Contractor" means the signatory corporation, its officers, officials, "Services" means all that which the Contractor must do, and any part employees, agents, servants, sub-contractors, and any successor or thereof arising out of, or in connection with, the Contract as described assign of any one or more of the foregoing performing the Services. in Article I "Description of Services." "County" means the County of Suffolk, its departments, and agencies. "State" means the State of New York. "County Attorney" means the County Attorney of the County of "Statement of Other Contracts" means a complete list of all other Suffolk. contracts under which money has been or will be paid to the Contractor from the County, Federal, or State governments, or a Municipal "Department" means the signatory department approving the Contract. Corporation, and (i) which are currently in effect or (ii) which have expired within the past twelve (12) months and have not been renewed. "Engineering Services" means the definition of the practice of engineering and the definition of practice of land surveying, as the case "Suffolk County Payment Voucher" means the document authorized may be, under Section 7201 and Section 7203 of the State Education and required by the Comptroller for release of payment. Law, respectively. "Term" means the time period set forth on page one of the Contract "Event of Default" means and, if exercised by the County, the option period. a. the Contractor's failure to perform any duty required of it under paragraphs 1(b)-(e) of Article III of the End of Text for Article II 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 the New York Superintendent of Insurance as its lawful agent for service of process; or 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 L the Contractor's failure to cooperate in an Audit of Financial Statements; or 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 Law No. 15-SH-010 Port Security Grant Program ("PSGP") Article III General Terms and Conditions 1. Contractor Responsibilities termination of the license does not affect the Contractor's ability to render the Services, every a. Duties and Obligations other term and provision of the Contract shall be valid and enforceable to the fullest extent permitted 1.) It shall be the duty of the Contractor to by law. discharge, or cause to be discharged, all of its responsibilities, and to administer funds received in it. Documentation of Professional Standards the interest of the County in accordance with the provisions of the Contract. The Contractor shall maintain on file, in one location in Suffolk County, all records that ii.) The Contractor shall promptly take all demonstrate that it has complied with sub- action as may be necessary to render the Services. paragraphs (b) and (c) above. The address of the location of the aforesaid records and documents shall be provided to the County no later than the iii.) The Contractor shall not take any action date execution of that is inconsistent with the provisions of the documentation the Contract. Such Contract. shall be kept, maintained, and available for inspection by the County upon iv.) Services provided under this Contract twenty-four (24) hours' notice. shall be open to all residents of the County. e. Credentialing b. Qualifications, Licenses, and Professional I.) In the event that the Department, or any Standards division thereof, maintains a credentialing process to qualify the Contractor to render the Services, the i.) The Contractor represents and warrants Contractor shall complete the required it has, and shall continuously possess, during the Term, the required licensing, education, credential process. the event that any State knowledge, experience, and character necessary to credential, registration, , certification license, qualify it to render the Services. Drug Enforcement Agency registration, or Medicare or Medicaid certification is restricted, suspended, or temporarily or permanently revoked, ii.) The Contractor shall continuously have ontact the it during the Term all required authorizations, is the duty of the Contractor he ccase may be, certificates, certifications, registrations, licenses, in Department, o later tha ree (3) days s after such cat days after such permits, and other approvals required by Federal, writing, suspension, l later than three State, County, or local authorities necessary to restriction, suspension, or revocation. qualify it to render the Services. ii.) The Contractor shall forward to the C. Notifications Department, or division thereof, as the case may be, on or before July 1 of each year during the Term, a i.) The Contractor shall immediately notify complete list of the names and addresses of all the County, in writing, of any disciplinary persons providing the Services, as well as their respective areas of certification, Credentialing, proceedings, commenced or pending, with any registration, relating to a license held by any person and licensing. necessary to qualify him, her, or the Contractor to E Engineering Certificate perform the Services. ii.) In the event that a person is no longer In the event that the Contract requires any Engineering Services, the Contractor shall submit licensed to perform the Services, the Contractor to the County, later must immediately notify the County, but in no than the due date for event shall such notification be later than five (5) submission for approval of any engineering work days after a license holder has lost the license product, the Certificate Authorization York EcateE issuedducation Law. pursuant t t t The to § failur7210 e ure to of the required to qualify the license holder or the New ("Certificate"), Contractor to perform the Services. N file, submit, or maintain the Certificate shall be grounds for rejection of any engineering work product III.) In the even[ that the Contractor is not submitted able to perform the Services due to a loss of for approval. license, the Contractor shall not be reimbursed for the Services rendered after the effective date of 2. Termination termination of such license. Without limiting the generality of the foregoing, if any part of the a. Thirty Days Termination Contract remains to be performed, and the Law No. 15-SH-010 Port Security Grant Program ("PSGP") The County shall have the right to terminate the incurred by the County, its agents, servants, officials, and Contract without cause, for any reason, at any time, employees in any action or proceeding arising out of, or in upon such terms and conditions it deems connection with, the Contract. appropriate, provided, however, that no such termination shall be effective unless the Contractor b. The Contractor hereby represents and warrants that is given at least thirty (30) days' notice. it will not infringe upon any copyright in performing the Services. The Contractor agrees that it shall protect, b. Event of Default; Termination on Notice indemnify, and hold harmless the County, its agents, servants, officials, and employees from and against all liabilities, fines, i.) The County may immediately terminate penalties, actions, damages, claims, demands, judgments, the Contract, for cause, upon such terms and losses, suits or actions, costs, and expenses arising out of any conditions it deems appropriate, in the Event of claim asserted for infringement of copyright, including Default. reimbursement of the cost of reasonable attorneys' fees ii.) If the Contractor defaults under any incurred by the County, its agents, servants, officials, and other employees in any action or proceeding arising out of or in provision of the Contract, the connection with any claim asserted for infringement of County may terminate the Contract, on copyright. not less than five (5) days' notice, upon such terms and conditions it deems c. The Contractor shall defend the County, its agents, appropriate. servants, officials, and employees in any proceeding or c. Termination Notice 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, Any delivered notice as provided providing for i for in paragraph termination 25 shall be this the County may defend any such proceeding or action and Article III. require the Contractor to pay reasonable attorneys' fees or salary costs of County employees of the Department of Law d. Duties upon Termination for the defense of any such suit. i.) The Contractor shall discontinue the 4. Insurance Services as directed in the termination notice. a. The Contractor shall continuously maintain, during ii.) Subject to any defenses available to it, the Term of the Contract, insurance in amounts and types as the County shall pay the Contractor for the follows: Services rendered through the date of termination. i.) Commercial General Liability Ill.) The County is released from any and all insurance, including contractual liability coverage, liability under the Contract, effective as of the date in an amount not less than Two Million Dollars of the termination notice. ($2,000,000.00) per occurrence for bodily injury and Two Million Dollars ($2,000,000.00) per iv.) Upon termination, the Contractor shall occurrence for property damage. TheCoumyshall reimburse the County the balance of any funds be named an additional insured. advanced to the Contractor by the County no later than thirty (30) days after termination of the ii.) Automobile Liability insurance (if any Contract. The provisions of this subparagraph shall non-owned or owned vehicles are used by the survive the expiration or termination of the Contractor in the performance of the Contract) in Contract. an amount not less than Five Hundred Thousand Dollars ($500,000.00) per person, per accident, for v.) Nothing contained in this paragraph shall bodily injury and not less than One Hundred be construed as a limitation on the County's rights Thousand Dollars ($100,000.00) for property set forth in paragraphs 1(c) (iii) and 8 of this damage per occurrence. Article III. iii.) Workers' Compensation and 3. Indemnification and Defense Employer's Liability insurance in compliance with all applicable New York State laws and a. The Contractor shall protect, indemnify, and hold regulations and Disability Benefits insurance, if harmless the County, its agents, servants, officials, and required by law. The Contractor shall furnish to employees from and against all liabilities, fines, penalties, the County, prior to its execution of the Contract, actions, damages, claims, demands, judgments, losses, suits the documentation required by the State of New or actions, costs, and expenses caused by the negligence or York Workers' Compensation Board of coverage any acts or omissions of the Contractor, including or exemption from coverage pursuant to §§57 and reimbursement of the cost of reasonable attorneys' fees 220 of the Workers' Compensation Law. In Law'No. 15-SH-010 Port Security Grant Program (f°PSGP") accordance with General Municipal Law §108, the the County and the Contractor or the Contractor and the Contract shall be void and of no effect unless the County, as the case may be. Contractor shall provide and maintain coverage during the Term for the benefit of such employees 6. Severability as are required to be covered by the provisions of the Workers' Compensation Law. It is expressly agreed that if any term or provision of this Contract, or the application thereof to any person or iv.) Professional Liability insurance in an circumstance, shall be held invalid or unenforceable to any amount not less than Two Million Dollars extent, the remainder of the Contract, or the application of ($2,000,000.00) on either a per-occurrence or such term or provision to persons or circumstances other than claims-made coverage basis. those as to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and provision of the b. The County may mandate an increase in the liability Contract shall be valid and shall be enforced to the fullest limits set forth in the immediately preceding paragraphs extent permitted by law. (4)(a)(i), (ii), and (iv). C. All policies providing such coverage shall be issued 7. Merger; No Oral Changes by insurance companies authorized to do business in New York with an A.M. Best rating of A- or better. It is expressly agreed that the Contract represents the entire agreement of the parties and that all previous understandings d. The Contractor shall furnish to the County, prior to are herein merged in the Contract. No modification of the the execution of the Contract, declaration pages for Contract shall be valid unless in written form and executed by each policy of insurance, other than . a policy for both parties. commercial general liability insurance, and upon demand, a true and certified original copy of each 8. Set-Off Rights such policy evidencing compliance with the aforesaid insurance requirements. The County shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not e. In the case of commercial general liability insurance be limited to, the County's option to withhold from a Fund and business use automobile insurance, the Contractor shall Source an amount no greater than any sum due and owing to furnish to the County, prior to the execution of the Contract, a the County for any reason. The County shall exercise its set- declaration page or insuring agreement and endorsement page off rights subject to approval by the County Attorney. In evidencing the County's status as an additional insured on cases of set-off pursuant to a Comptroller's audit, the County said policy, and upon demand, a true and certified original shall only exercise such right after the finalization thereof, copy of such policy evidencing compliance with the aforesaid and only after consultation with the County Attorney. insurance requirements. 9. Non-Discrimination in Services L All evidence of insurance shall provide for the County to be notified in writing thirty (30) days prior to any a. The Contractor shall not, on the grounds of race, cancellation, nonrenewal, or material change in the policy to creed, color, national origin, sex, age, disability, which such evidence relates. It shall be the duty of the sexual orientation, military status, or marital status Contractor to notify the County immediately of any i.) deny any individual the Services cancellation, nonrenewal, or material change in any insurance provided pursuant to the Contract; or policy. ii.) provide the Services to an individual that g. In the event the Contractor shall fail to provide is different, or provided in a different evidence of insurance, the County may provide the insurance manner, from those provided to others required in such manner as the County deems appropriate and pursuant to the Contract; or deduct the cost thereof from a Fund Source. III.) subject an individual to segregation or separate treatment in any matter related h. If the Contractor is a Municipal Corporation and to the individual's receipt of the Services has a self-insurance program under which it acts as a self- provided pursuant to the Contract; or insurer for any of such required coverage, the Contractor shall provide proof, acceptable to the County, of self-funded iv.) restrict an individual in any way from coverage. any advantage or privilege enjoyed by others receiving the Services provided 5. Independent Contractor pursuant to the Contract; or v.) treat an individual differently from others The Contractor is not, and shall never be, considered an in determining whether or not the individual employee of the County for any purpose. Notwithstanding satisfies any eligibility or other requirements or anything contained in this Contract, the Contract shall not be conditions which individuals must meet in order to construed as creating a principal-agent relationship between Law'No.15-SH-010 Port Security Grant Program ("PSGP") receive the Services provided pursuant to the other, without compensation, any and all cooperation that Contract. may be required to defend the other party, its employees and designated representatives, against any claim, demand or b. The Contractor shall not utilize criteria or methods of action that may be brought against the other party, its administration which have the effect of subjecting individuals employees or designated representatives arising out of, or in to discrimination because of their race, creed, color, national connection with, the Contract. 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, 15. Confidentiality creed, color, national origin, sex, age, disability, sexual orientation, military status, or marital status, in determining: Any document of the County, or any document created by the Contractor and used in rendering the Services, shall remain I.) the Services to be provided; or the property of the County and shall be kept confidential in ii.) the class of individuals to whom, or the accordance with applicable laws, rules, and regulations. situations in which, the Services will be provided; or 16. Assignment and Subcontracting iii.) the class of individuals to be afforded an a. The Contractor shall not delegate its duties under opportunity to receive the Services. the Contract, or assign, transfer, convey, subcontract, sublet, or otherwise dispose of the Contract, or any of its right, title 10. Nonsectarian/Nonpartisan Declaration or interest therein, or its power to execute the Contract, or assign all or any portion of the monies that may be due or The Services performed under the Contract are secular and become due hereunder, (collectively referred to in this nonpartisan in nature. No funds received pursuant to the paragraph 16 as "Assignment"), to any other person, entity or Contract shall be used for sectarian purposes or to further the thing without the prior written consent of the County, and any advancement of any religion, candidate or partisan effort. attempt to do any of the foregoing without such consent shall The Services will be available to all eligible individuals be void ab initio. regardless of religious belief or political affiliation. b. Such Assignment shall be subject to all of the I1. Governing Law provisions of the Contract and to any other condition the County requires. No approval of any Assignment shall be The Contract shall be governed by, and construed in construed as enlarging any obligation of the County under the accordance with, the laws of the State of New York, without terms and provisions of the Contract. No Assignment of the regard to conflict of laws. Venue shall be designated in the Contract or assumption by any person of any duty of the Supreme Court, Suffolk County, the United States District Contractor under the Contract shall provide for, or otherwise Court for the Eastern District of New York, or, if appropriate, be construed as, releasing the Contractor from any term or a court of inferior jurisdiction in Suffolk County. provision of the Contract. 12. No Waiver 17. Changes to Contractor It shall not be construed that any failure or forbearance of the a. The Contractor may, from time to time, only with County to enforce any provision of the Contract in any the County's written consent, enter into a Permitted Transfer. particular instance or instances is a waiver of that provision. For purposes of the Contract, a Permitted Transfer means: Such provision shall otherwise remain in full force and effect, notwithstanding any such failure or forbearance. I.) if the Contractor is a partnership, the withdrawal or change, whether voluntary, 13. Conflicts of Interest involuntary or by operation of law, of the partners, or transfer of partnership interests (other than the The Contractor shall not, during the Term, pursue a course of purchase of partnership interests by existing conduct which would cause a reasonable person to believe partners, by the partnership itself or the immediate that he or she is likely to be engaged in acts that create a family members by reason of gift, sale or devise), substantial conflict between its obligations under the Contract or the dissolution of the partnership without and its private interests. The Contractor is charged with the immediate reconstitution thereof, and duty to disclose to the County the existence of any such adverse interests, whether existing or potential. This duty ii.) if the Contractor is a closely held shall continue as long as the Term. The determination as to corporation (i.e. whose stock is not publicly held whether or when a conflict may potentially exist shall and not traded through an exchange or over the ultimately be made by the County Attorney after full counter): disclosure is obtained. 1. the dissolution, merger, 14. Cooperation on Claims consolidation or other reorganization of the Contractor; and The Contractor and the County shall render diligently to each Law-No. 15-SH-010 Port Security Grant Program ("PSGP") 2. the sale or other transfer of twenty percent (20%) or more of the ii.) such consent shall not be deemed consent shares of the Contractor (other than to to any further transfers. existing shareholders, the corporation itself or the immediate family members 18. No Intended Third Party Beneficiaries of shareholders by reason of gift, sale or devise). The Contract is entered into solely for the benefit of the County and the Contractor. No third party shall be deemed a b. If the Contractor is a not-for-profit corporation, a beneficiary of the Contract and no third party shall have the change of twenty percent (20%) or more of its shares or right to make any claim or assert any right under the Contract. members shall be deemed a Permitted Transfer. C. The Contractor shall notify the County in writing, 19. Certification as to Relationships which notice (the "Transfer Notice") shall include: The Contractor certifies under penalties of perjury that, other i.) the proposed effective date of the than through the funds provided in the Contract and other Permitted Transfer, which shall not be less than valid agreements with the County, there is no known spouse, thirty (30) days nor more than one hundred eighty life partner, business, commercial, economic, or financial (180) days after the date of delivery of the Transfer relationship with the County or its elected officials. The Notice; Contractor also certifies that there is no relationship within the third degree of consanguinity, between the Contractor, ii.) a summary of the material terms of the any of its partners, members, directors, or shareholders proposed Permitted Transfer; owning five (501a) percent or more of the Contractor, and the County. iii.) the name and address of the proposed transferee; 20. Publications iv.) such information reasonably required by Any book, article, report, or other publication related to the the County, which will enable the County to Services provided pursuant to this Contract shall contain the determine the financial responsibility, character, following statement in clear and legible print: . and reputation of the proposed transferee, nature of the proposed assignee/transferee's business and "This publication is fully or partially funded experience; by the County of Suffolk." V.) all executed forms required pursuant to 21. Copyrights and Patents Article IV of the Contract, that are required to be submitted by the Contractor; and a. Copyrights vi.) such other information as the County If the work of the Contractor should result in the may reasonably require. production of original books, manuals, films, or other materials for which a copyright may be granted, the d. The County agrees that any request for its consent Contractor may secure copyright protection. However, the to a Permitted Transfer shall be granted, provided that the County reserves to itself, and the Contractor hereby gives to transfer does not violate any provision of the Contract, and the County, and to any other person designated by the the transferee has not been convicted of a criminal offense as County, a royalty-free, nonexclusive license to produce, described under Article II of Chapter 189 of the Suffolk reproduce, publish, translate, or otherwise use any such County Code. The County shall grant or deny its consent to materials. any request of a Permitted Transfer within twenty (20) days after delivery to the County of the Transfer Notice, in b. Patents accordance with the provisions of Paragraph 25 of Article In of the Contract. If the County shall not give written notice to If the Contractor makes any discovery or invention the Contractor denying its consent to such Permitted Transfer during the Term, as a result of work performed under the (and setting forth the basis for such denial in reasonable Contract, the Contractor may apply for and secure for itself detail) within such twenty (20)-day period, then the County patent protection. However, the County reserves to itself, and shall be deemed to have granted its consent to such Permitted the Contractor hereby gives to the County, and to any other Transfer. person designated by the County, a royalty-free, nonexclusive license to produce or otherwise use any item so discovered or e. Notwithstanding the County's consent, patented. i.) the terms and conditions of the Contract 22. Arrears to County shall in no way be deemed to have been waived or modified; and Contractor warrants that, except as may otherwise be Law No. 15-SH-010 Port Security Grant Program ("PSGP") authorized by agreement, it is not in arrears to the County upon any debt, contract, or any other lawful obligation, and is not in default to the County as surety. 23. 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 11 of Chapter 353, as more fully set forth in the Article 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. 24. Record Retention 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 rightto 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. 25. Notice Unless otherwise expressly provided, 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 H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100, (Sixth Floor), Hauppauge, New York, 11788- 0099. End of Text for Article III Law•No. 15-SH-010 Port Security Grant Program ("PSGP") Article IV Financial Terms and Conditions 1. 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 extensions 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 24 of 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 ofthe 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" 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 of the Voucher. 3. Contract 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 Law No. 15-SH-010 Port Security Grant Program ("PSGP") Ill.) 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. Comptroller's Rules and Regulations for Consultant's Agreements a. 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 with a copy of any amendments to the "Comptroller's Rules and Regulations for Consultant's Agreements" during the tern of the Contract. b. 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. C. The Contractor agrees to retain all accounts, records and other documents relevant to the Contract for six (6) years after final payment. d. 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. Law No. 15-SH-010 Port Security Grant Program PSGP") C. Salaries 1. 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. 2. 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. 6. FEDERAL REQUIREMENTS a. The Contractor must comply with the most recent version ofthe Administrative Requirements, Cost Principles, and Audit requirements. b. A list of regulations commonly applicable to United States Department of Homeland Security (DHS) grants are listed below, including the guidance: 1. Administrative Requirements: i. 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments ii. 2 CFR Part 215, Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations (OMB Circular A-110) 2. Cost Principles: i. 2 CFR Part 225, State and Local Governments (OMB Circular A-87) ii. 2 CFR Part 220, Educational Institutions (OMB Circular A-21) iii. 2 CFR Part 230, Non-Profit Organizations (OMB Circular A-122) iv. Federal Acquisition Regulation Sub-part 31.2, Contracts with Commercial Organizations. 3. Audit Requirements: i. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations C. The Contractor shall ensure it is aware of and complies with all applicable laws, regulations and program guidance. It is the responsibility of the Contractor to become familiar with and comply with all terms and conditions associated with acceptance of any funds. d. The Contractor must ensure full compliance with all cost documentation requirements, including specific personal service documentation, as applicable directly to the Contractor or collaborative agency/organization. The Contractor must maintain specific documentation as support for project related personal service expenditures as this Agreement is supported by federal funds. Depending upon the nature or extent of personal service provided under this Agreement, the Contractor shall maintain semi-annual (or more frequent) personal Law'No. 15-SH-010 Port Security Grant Program ("PSGP") service certifications and/or an after-the-fact personnel activity reporting system (or equivalent) which complies with all applicable laws, regulations and program guidance. Failure to do so may result in disallowance of costs. Law No. 15-SH-010 Port Security Grant Program ("PSGP") Article V 3. Use of County Resources to Interfere with Collective Suffolk County Legislative Requirements Bargaining Activities 1. Contractor'sNendor's Public Disclosure Statement It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Chapter 803 of the It shall be the duty of the Contractor to read, become familiar Suffolk County Code. with, and comply with the requirements of section A5-7 of Article V of the Suffolk County Code. County Contractors (as defined by section 803-2) shall comply with all requirements of Chapter 803 of the Suffolk Unless certified by an officer of the Contractor as being County Code, including the following prohibitions: exempt from the requirements of section A5-7 of Article V of the Suffolk County Code, the Contractor represents and a. The Contractor shall not use County funds to assist, warrants that it has filed with the Comptroller the verified promote, or deter union organizing. public disclosure statement required by Suffolk County Administrative Code Article V, Section A5-7 and shall file an b. No County funds shall be used to reimburse the update of such statement with the Comptroller on or before Contractor for any costs incurred to assist, promote, or deter the 31st day of January in each year of the Contract's union organizing. duration. The Contractor acknowledges that such filing is a material, contractual and statutory duty and that the failure to c. No employer shall use County property to hold a file such statement shall constitute a material breach of the meeting with employees or supervisors if the purpose of such Contract, for which the County shall be entitled, upon a meeting is to assist, promote, or deter union organizing. determination that such breach has occurred, to damages, in addition to all other legal remedies, of fifteen percent (15%) d. If the Services are performed on County property, of the amount of the Contract. the Contractor must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, non- Required Form: intimidation agreement, and a majority authorization card agreement. Suffolk County Form SCEX 22; entitled "Contractor'sNendor's Public Disclosure Statement" e. If the Services are for the provision of human services and are not to be performed on County property, the 2. Living Wage Law Contractor must adopt, at the least, a neutrality agreement. f. Under the provisions of Chapter 803, the County It shall be the duty of the Contractor to read, become familiar shall have the authority, under appropriate circumstances, to with, and comply with the requirements of Chapter 575, of terminate the Contract and to seek other remedies as set forth the Suffolk County Code. therein, for violations of this Law. This Contract is subject to the Living Wage Law of the Required Form: County of Suffolk. The law requires that, unless specific exemptions apply, all employers (as defined) under service Suffolk County Labor Law Form DOL-LO 1; entitled "Suffolk contracts and recipients of County financial assistance, (as County Department of Labor-Labor Mediation Unit Union defined) shall provide payment of a minimum wage to Organizing Certification/Declaration - Subject to Audit." employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk 4. Lawful Hiring of Employees Law 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 It shall be the duty of the Contractor to read, become familiar the Contract and to seek other remedies as set forth therein, with, and comply with the requirements of Chapter 353 of the for violations of this Law. Suffolk County Code. Required Forms: This Contract is subject to the Lawful Hiring of Employees Law of the County of Suffolk. It provides that all covered Suffolk County Living Wage Form LW-1; entitled "Suffolk employers, (as defined), and the owners thereof, as the case County Department of Labor - Living Wage Unit Notice of may be, that are recipients of compensation from the County Application for County Compensation (Contract)" through any grant, loan, subsidy, funding, appropriation, payment, tax incentive, contract, subcontract, license Suffolk County Living Wage Form LW-38; entitled "Suffolk agreement, lease or other financial compensation agreement County Department of Labor - Living Wage Unit Living issued by the County or an awarding agency, where such Wage Certification/Declaration - Subject To Audit" compensation is one hundred percent (100%) funded by the County, shall submit a completed swom affidavit (under penalty of perjury), the form of which is attached, certifying that they have complied, in good faith, with the requirements Law'No. 15-SH-010 Port Security Grant Program ("PSGP") of Title 8 of the United States Code Section 1324a with U.S.C. SECTION 1324a) With Respect To Lawful Hiring of respect to the hiring of covered employees (as defined) and Employees." with respect to the alien and nationality status of the owners thereof. The affidavit shall be executed by an authorized "Affidavit Of Compliance With The Requirements Of 8 representative of the covered employer or owner, as the case U.S.C. Section 1324a With Respect To Lawful Hiring Of may be; shall be part of any executed contract, subcontract, Employees" Form LHE-2. license agreement, lease or other financial compensation agreement with the County; and shall be made available to 5. Gratuities the public upon request. It shall be the duty of the Contractor to read, become familiar All contractors and subcontractors (as defined) of covered with, and comply with the requirements of Chapter 664 of the employers, and the owners thereof, as the case may be, that Suffolk County Code. are assigned to perform work in connection with a County contract, subcontract, license agreement, lease or other The Contractor represents and warrants that it has not offered financial compensation agreement issued by the County or or given any gratuity to any official, employee or agent of the awarding agency, where such compensation is one hundred County or the State or of any political party, with the purpose percent (100%) funded by the County, shall submit to the or intent of securing an agreement or securing favorable covered employer a completed swomaffidavit(under penalty treatment with respect to the awarding or amending of an of perjury), the form of which is attached, certifying that they agreement or the making of any determinations with respect have complied, in good faith, with the requirements of Title 8 to the performance of an agreement. of the United States Code Section 1324a with respect to the hiring of covered employees and with respect to the alien and 6. Prohibition Against Contracting with Corporations nationality status of the owners thereof, as the case may be. that Reincorporate Overseas The affidavit shall be executed by an authorized representative of the contractor, subcontractor, or owner, as it shall be the duty of the Contractor to read, become familiar the case may be; shall be part of any executed contract, with, and comply with the requirements of sections A4-13 subcontract, license agreement, lease or other financial and A4-14 of Article IV of the Suffolk County Code. compensation agreement between the covered employer and the County; and shall be made available to the public upon The Contractor represents that it is in compliance with request. sections A4-13 and A4-14 of Article IV of the Suffolk County Code. Such law provides that no contract for An updated affidavit shall be submitted by each such consulting services or goods and services shall be awarded by employer, owner, contractor and subcontractor no later than the County to a business previously incorporated within the January 1 of each year for the duration of any contract and U.S.A. that has reincorporated outside the U.S.A. upon the renewal or amendment of the contract, and whenever a new contractor or subcontractor is hired under the Child Sexual Abuse Reporting Policy terms of the contract. The Contractor acknowledges that such filings are a material, It shall be the duty of the Contractor to read, become familiar with, and statutory duty and that the failure to file any and comply with the requirements of Article II of such statement shall constitute a material breach of the Chapter 880 of the Suffolk County Code. Contract. The Contractor shall comply with Article II of Chapter 880, Under the provisions of the Lawful Hiring of Employees of the Suffolk County Code, entitled "Child Sexual Abuse the Reporting Policy," as now in effect or amended hereafter or Law, the County shall have the authority to terminate of any Contract for violations of this Law and to seek other remedies other Suffolk County local law that may become available under the law. applicable during the term of the Contract with regard to child sexual abuse reporting policy. The documentation mandated to be kept by this law shall at all times be kept on site. Employee sign-in sheets and 8. Non Responsible Bidder register/log books shall be kept on site at all times during working hours and all covered employees, as defined in the It shall be the duty of the Contractor to read, become familiar law, shall be required to sign such sign-in sheets/register/log with, and comply with the requirements of Article II of books to indicate their presence on the site during such Chapter 189 of the Suffolk County Code. working hours. Upon signing the Contract, the Contractor certifies that it has Required Forms: not been convicted of a criminal offense within the last ten (10) years. The term "conviction" shall mean a finding of Suffolk County Lawful Hiring of Employees Law Form LHE- guilty after a trial or a plea of guilty to an offense covered 1; entitled "Suffolk County Department of Labor-Notice Of under the provision of section 189-5 of the Suffolk County Application To Certify Compliance With Federal Law (8 Code under "Nonresponsible Bidder." Law No. 15-SH-010 Port Security Grant Program ("PSGP") 9. 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 part 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 anyjudicial or administrative foram. 10. Suffolk County Local Laws Website Address Suffolk County Local Laws, Rules and Regulations can be accessed on the homepage of the Suffolk County Legislature End of Text for Article V 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/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. 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 D1 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 Iiwe 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 5754 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 Employer ID#: 11-600-1939 Contractor Address: 59035 Main Road Amount of compensation: $ 23, 220. 73 Southold, New York 11971 Vendor Contractor Phone (631) 114s-2~Cto Description of projector service: OT expenses associated with training/participation in PSGP. Section IV I declare under penalty of per' y under the Laws of the State of New York that the undersigned is authorized to provide this certification, and that the above is true an orrect A 61 Q i- Authort'zed Sign tur Date SCott k. kussell, Supervisor Print Name and Title of Authorized Representative DOL: LW-38 (revised 12n2) 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 1) NAME: Town of Southold 2) VENDOR 3) CONTRACT ID (If known) fknown t _ 5) TELEPHONE (631 7b IWO 4) CONTACT : ChitE Mkthn ete 6) ADDRESS: 59035 Main Road Southold, New York 11971 7) TERM OF CONTRACT (DATES): 5 / 31 / 13 - 5 / 31 / 14 8) PROJECTNAME: (IF DIFFERENT FROM #1) Port Security Grant Program 9) AMOUNT: $23,220.73 10) AWARDINGAGENCY: Homeland Security 11) BRIEF DESCRIPTION OF PROJECTOR SERVICE: Reimbursement of overtime expenses for attending training and/or participating in exercises associated with Port Security Grant Program. 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). LW-l(revised 4/05) $uffolk 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/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 contractorlbeneficiary 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. Uwe 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 f f or deter union organizing (Chapter 466-3 A), nor seek reimbursement from the County for costs incurred to assist, Applicable promote, or deter union organizing. (Chapter 466-3 B) Uwe further agree to take all action necessary to ensure that County funds are not used to assist, promote, or deter union organizing. (Chapter 466-3137 Ilwe further agree that Uwe will not use County property to hold meetings to assist, promote, or deter union organizing. (Chapter 466-3E) Uwe further agree that if any expenditures or costs incurred to assist, promote, or deter union organizing are made, Uwe shall maintain records sufficient to show that no County funds were used for those expenditures and, as applkable, that no reimbursement from County funds has been sought for such costs. I/we agree that such records shall be made available to the pertinent County agency or authority, the County Comptroller, or the County Department of Law upon request. (Chapter 466-311) 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: • Uwe will not express to employees any false or misleading information that is intended to influence the determination of employee preferences regarding union. representation; s 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 prerecognition labor disputes through the adoption of nonconfrontational procedures for the resolution of prerecogniton labor disputes with employees engaged in the production of goods or the rendering of services for the County; and • I/we have or will adopt any or all of the above-referenced procedures, or their functional equivalent, to ensure the effrcimrt, timely, and quality provision of goods and services to the County. Uwe shall include a list of said procedures in such certification. Section H FThe Union Organizing Law does not apply to this contract for the following reason(s): x Will not receive more than $50,000.00 in County funds. Check if Applicable DOL-LO I (3/5/08) Syffolk County, New York Department of Labor - Section III Contractor Name: Town of Southold Federal EmployerID#: 11-600-1939 Contractor Address: 59035 Main Road Amount of Assistan cc: $23,220.73 Southold, New York 11971 Vendor#: Contractor Phone (631) 7&,5-2, 00 Description of projector service: OT expenses associated with training/participation inUGP. Section IV In the event any part of the Union Organizing Law, Chapter 466 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 ungandabove f perjury under the Laws of the State of New York that the undersigned is. authorized to provide this certification, is true and correct. L' Authorized SDate Scott A. Russell, Supervisor Print Name and Title of Authorized Representative DOL-L01 (3/5/08) 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 Coun Code, C ter 353 2006 To Be Completed By Applicant/ Covered Employer//Owner EMPLOYER/CORP./BUSINESS/COMPANYNAME: 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: Chi`z '..kdrfIn nafW 6) TELEPHONE (63 I) 7~ 5 Z(C 7) TERM OF CONTRACTOR EXTENSION (PROVIDE DATES): 5 / 3 1 / 13 - 5/31/14 8) BRIEF DESCRIPTION OF COMPENSATION, PROJECT OR SERVICE Reimbursement of overtime expenses for attending training and/or participating in exercises associated with Port Security Grant Program. 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-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. DOL: LHE-1 (revised 4/12) AFFIDAVIT OF COMPLIANCE WITH THE REQUIREMENTS OF 8 U.S.C. SECTION 1324a WITH RESPECT TO LAWFUL MRING OF EMPLOYEES State of New York ) ss: Countyof Suffolk ) Scott A. Russell 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. (Sig ature o Deponent) IN-Ln day Sworn to before me this ar of r, I 201,-5 (N a^Yry Public) MICHELLE L. TOMASZEWSKi DOL: LHE-2 (revised 4/12) NOTARY PUBLIC"STATE Of NEW JORK 10.01706156671. Au011tied in Sultolk county my Commission expires November 21, 2014