HomeMy WebLinkAboutPort 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
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
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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
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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
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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
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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
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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
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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
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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
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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