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HomeMy WebLinkAboutAREIS and Tax Map Product „ `°"&M`�Y • RESOLUTION 2016-515 ��� � �o�� �°�� ADOPTED DOC ID: 11943 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-515 WAS ADOPTED AT TIiE REGULAR MEETIl�iG OF THE SOUTHOLD TOWN BOARD ON MAY 17,2016: RESOLVED that the Town Board of the Town of S'outhold hereby authorizes and directs Supervisor Scott A. Russell to execute a License A�reement with,Suffolk County for the use of the Suffolk County ARETS and Tax Map Product, at no cost to the Town, subject to the approval of the Town Attorney. ' ���� , Elizabeth A.Neville � Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice • . SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell � ,' L`;cens�}Agreement; Rev. 4/5/16 Law No. 21-RP-(�C�(p Suffolk County AREIS and Tax Maps RPTSA No. L-21-5 License Agreement for Suffolk County AREIS and Tax Map Product This License Agreement ("License Agreement") is between the County of Suffolk ("County" and/or "Licensor"), a municipal corporation of the State of New York, acting through its duly constituted Suffolk County Real Property Tax Service Agency ("Agency"), located at the 300 Center Dnve, Riverhead, New York 11901, and the Town of Southold ("Licensee"), a municipal corporation, located at P.O. Box 1179, 54375 Route 25, Southold, New York 11971. The parties hereto desire that Suffolk County Real Property Tax Maps ("Tax Maps"} and/or certain dig- ital data sets (the "Product," as defined in paragraph 4 of Exhibit A) from the Agency's computer data base, known as the "Suffolk County AREIS ("Advanced Real Estate Information System') and Tax Map" be licensed (the "License") to the Licensee by the County in the interest of cooperation Terms and Conditions Shall be as set forth in Exhibits A through D, attached and incorporated herein Term of License Agreement Shall commence upon execution and continue through December 31, 2021 • Total Cost of License Agreement: No Cost to County/Licensor or the Licensee, except for standard media reproduction costs In Witness Whereof, the parties hereto have executed this License Agreement as of the latest date wntten below Town of Sou old Count f Suffolk By �%�" By Name Scott A Russell Title Supervisor Name Dennis M Cohen Fed Taxpayer ID 1/� 60 1939 Title Chief De ut Count ExecutivF Date ,S'�/2.0�.( Date �ig/,,�n/L Scott A Russell, hereby certifies under penalties of , - � " --' - per�ury that I am an officer of the Town of Southold, i Approved: S�uffol�C,County i2eal that I have read and am familiar with §A5-8 of Art�cle %� r rtq T Service ency "' V of the uffolk County Code, and that Town of Southold � � meets requirements to qualify for exemption thereun- � By , J der ��� Pen W Ils LaVall ir or me G ..- D�.� ,��''� �/ �� 1.-- Date Approved As To Form: Dennis M. Brown County Attorne � B /� Y Name Niran G Sa a ur Assistant C unt r A torney Date /i l ' Page 1 of 8 Pages � ) L'icens�Agreement; Rev. 4/5/16 Law No. 21-RP-006 Suffolk County AREIS and Tax Maps RPTSA No. L-21-5 List of Exhibits Exhibit A General Terms and Conditions 1. Grant of License 2. Term and Termination 3. Tax Maps and/or Product 4. Permitted Uses 5 No Implied Waiver 6. Sub-License 7. Limitation of Liability 8. Cooperation 9. Severability 10 Merger; No Oral Changes 11. All Rights Reserved 12. Governing Law 13. No Intended Third Party Beneficianes 14. Notice Requirements and Contact Persons Exhibit B Variable Terms and Conditions Exhibit C Third Party Sub-License Agreement Exhibit D Suffolk County Legislative Requirements y 1 Page 2 of 8 Pages � L'icense'Agreement; Rev. 4/5/16 Law No. 21-RP-006 Suffolk County AREIS and Tax Maps RPTSA No. L-21-5 Exhibit A General Terms and Conditions Whereas, the County of Suffolk, acting through its duly constituted Suffolk County Real Property Tax Service Agency "(Agency"), has numerous and varied functions, including those mandated by several statutes of the State of New York; and Whereas, the primary mission of the Agency is to maintain and update the County's official tax map of its ap- proximately 583,000 parcels of land In addition, the Agency provides public agencies and individuals with ad- vice, information, forms and reports on all aspects of real property. The Agency provides training related to the assessment of taxation of real property within the County of Suffolk. The Agency derives its authority from Real Property Tax Law, Articles 5 and 15A, Real Property Law, Article 9, and Article XXXIII of the Suffolk County Charter; and Whereas, the Agency publishes "Real Property Tax Maps" on an annual basis, and Whereas, the Agency also maintains a cadastral tax map base and a database of attribute and ownership da- ta, commonly referred to as AREIS ("Advanced Real Estate Information System"), and Whereas, the Agency desires to share the Tax Maps and or products denved from AREIS with other govern- mental, quasi-governmental and not-for-profit entities as part of the County's goal to create better integrated layers of GIS, and Whereas, the Licensee functions are numerous and vaned; and Whereas, the Licensee will use the Tax Maps and/or Product as set forth in Exhibit B, entitled "Vanable Terms and Conditions," and Whereas, the County and the Licensee desire to cooperate regarding access to the Tax Maps and/or Product in support of the Licensee's programs; Now therefore, the parties agree as follows 1. Grant of License The County grants to the Licensee a non-exclusive, non-transferable (unless otherwise agreed as set forth in Paragraph 6, entitled "Sub-License," below) license (the "License") to use the Tax Maps and/or Product, as defined herein, subject to the terms and conditions descnbed herein. 2. Term and Termination a. Term This License Agreement shall cover the period provided on the first page thereof, unless sooner terminated as provided below Page 3 of 8 Pages L'icense+Agreement; Rev. 4/5/16 Law No. 21-RP-006 Suffolk County AREIS and Tax Maps RPTSA No. L-21-5 b. Termination for Cause i. In the event the Licensee violates any of the terms and conditions of this License Agreement, the County may terminate the License, provided that no such termination shall be effective unless the Licensee is given A. ten (10) business days wntten notice of intent to terminate ("Notice of Intent to Terminate"), and B. an opportunity for consultation with the County pnor to termination; and C. an opportunity to cure any violation of the terms and conditions of the License. In the event that the Licensee has not cured, or commenced to cure, to the satisfaction of the County, within such ten day period (or longer period at the County's option), then the County may issue a wntten termination notice ("Termination Notice") ii. Notwithstanding the above, if the Licensee, or any of its sublicensees, makes use of the Tax Maps and/or Product in a manner not permitted by this License Agreement and the County reasonably determines that such use was intended to result in harm to the Coun- ty's proprietary rights, the County shall have the right to terminate this License Agree- ment immediately upon written notice, stating the reason, to the Licensee c. Termination for Convenience Either party may terminate this License Agreement for any reason whatsoever, provided that no such termination shall be effective unless the other party is given sixty (60) calendar days prior wntten notice of such termination d. Return of Tax Maps and Product In the event that this License Agreement is terminated for any reason, or upon expiration of the License Agreement, whichever is sooner, within ten (10) days thereafter the Licensee shall re- turn or destroy the onginal and all copies of the Tax Maps and Product and any denvative work(s) of the Product in spatial digital format, raster digital format and in paper copy form The Licensee shall certify in writing within that ten (10) day penod that such action has been taken. 3. Tax Maps and/or Product a. The Tax Maps are defined as the "Real Property Tax Maps" which are published and registered annually by the Agency for the following towns i. Town of Babylon, ii. Town of Brookhaven; iii. Town of East Hampton; iv. Town of Huntington; v. Town of Islip, Page 4 of 8 Pages L'icens�Agreement; Rev. 4/5/16 Law No. 21-RP-006 Suffolk County AREIS and Tax Maps RPTSA No. L-21-5 vi. Town of Riverhead, vii Town of Shelter Island, viii. Town of Smithtown; ix. Town of Southampton, x. Town of Southold. � b. The product ("Product") provided by the Agency to the Licensee will vary depending upon the Project descnbed in Exhibit B The Product is defined to include a castradal tax map, a data- base of attribute files, a data base of parcel ownership files or all three, depending upon the pro- ject described in Exhibit B. 4. Permitted Uses a. The Licensee may use the Product to produce paper or digital raster maps and/or reports for use by the public, provided that such maps and/or reports include the following copynght notice: Suffolk County Real Property Tax Service Agency "AREIS and Tax Map" Copyright 2014, County of Suffolk, N.Y. Note: The reference to year (i e. 2014) in the copyright notice shall change as applica- ble. b. Permitted uses include but are not limited to the following examples� i. The modification of attribute data or fields to a spreadsheet of the Product is allowed and is the property of the Licensee, however, such property that is the modified file is not to include the spatial files (.dgn or other CAD formats); and/or ii. The generation of tax maps where the Licensee's GIS or CAD data is positioned over or under the County AREIS and Tax Map Product c. Uses not permitted, unless pre-authonzed in writing by the County, include but are not limited to the following examples: i. the sale or transfer of the spatial portion of the Product or a denvative of the Product to a third party, and/or ii. sale of paper maps that are derivatives or reproductions of the Product. 5. No Implied Waiver No failure or delay by either party in enforcing any nght or remedy under this License Agreement shall be construed as a waiver of any future or other exercise of such right or remedy. Page 5 of 8 Pages L'icensc� Agreement; Rev. 4/5/16 Law No. 21-RP-006 Suffolk County AREIS and Tax Maps RPTSA No. L-21-5 6. Sub-License The Licensee may distribute the Tax Maps and/or Product to sub-licensees (the "Sub-Licensees"), pro- vided that such Sub-Licensees have signed a Third Party Sub-License Agreement, in substantially the format set forth in Exhibit C Consent to a Sub-License is at the sole discretion of the Agency. 7. Limitation of Liability a. The County makes no warranties, express or implied, including, but not limited to, implied war- ranties of inerchantability and fitness for a particular purpose The Tax Maps and/or Product were developed for governmental use by the agency The County of Suffolk makes no repre- sentations as to the accuracy, completeness, reliability, usability, or suitability for any purpose of the data or information contained or furnished in connection herewith and the County shall be under no liability whatsoever for any use made thereof b. The County shall not be liable for indirect, special, incidental, or consequential damages related to the Licensee's use of the Tax Maps and/or Product or any Sub-Licensee's use of the Tax Maps and/or Product under any Sub-License agreement entered into between the Licensee and a Sub-Licensee, even if the Licensee is advised of the possibility of such damage 8. Cooperation In the interest of cooperation, Licensee agrees to provide Suffolk County any attribute data or geocod- ed information related to this License Agreement. 9. Severability It is expressly agreed that if any term or provision of this License Agreement, or the application thereof to any person or circumstance, shall be held invalid or unenforceable to any extent, the remainder of this License Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and every other term and provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law 10. Nferger; No Oral Changes It is expressly agreed that this Agreement represents the entire agreement of the parties, that all previ- ous understandings are merged in this Agreement. No modification of this Agreement shall be valid un- less wntten in the form of an Amendment and executed by both parties 11. All Rights Reserved All rights not specifically granted in this License Agreement are reserved to County/Licensor. 12. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws. Venues shall be designated in Suffolk County, New York or the United States District Court for the Eastern District of New York Page 6 of 8 Pages L'icens� Agreement; Rev. 4/5/16 Law No. 21-RP-006 Suffolk County AREIS and Tax Maps RPTSA No. L-21-5 13. No Intended Third Party Beneficiaries This Agreement is entered into solely for the benefit of County and the Licensee. No third party shall be deemed a beneficiary of this Agreement, and no third party shall have the right to make any claim or assert any right under this Agreement. 14. Notice Requirements and Contact Persons a. Any communication, notice, claim for payment, report, or other submission necessary or re- quired to be made by the parties regarding this Agreement shall be in writing and shall be given to the County or the Licensee or their designated representative at the following addresses or at such other address that may be specified in writing by the parties and must be delivered as fol- ' lows� For the Agency: Suffolk County Real Property Tax Service Agency 300 Center Drive Riverhead, New York 11901 Attn: Penny Wells LaValle, Director For the Licensee: At the address and to the attention of the person set forth in Exhibit B of this License Agreement or such other designee as the parties may agree in writing b. In the event the Licensee receives a notice or claim or becomes a party (plaintiff, petitioner, de- fendant, respondent, third party complainant, third party defendant) to a lawsuit or any legal pro- ceeding related to this License Agreement, the Licensee shall immediately forward to the Agen- cy, at the address set forth above, and to the County Attorney, at the address set forth below, copies of all papers filed by or against the Licensee: Suffolk County Department of Law H. Lee Dennison Building � 100 Veterans Memorial Highway ''� Hauppauge, New York 11788 ; Atfi County Attomey ' c. Notices shall be deemed given when mailed by registered or certified mail in postpaid envelope or deposited with a nationally recognized courier service. End of Text for Exhibit A ' � • � � i i Page 7 of 8 Pages � ' L'icens� Agreement; Rev. 4/5/16 Law No. 21-RP-006 Suffolk County AREIS and Tax Maps RPTSA No. L-21-5 Exhibit B �'�, Variable Terms and Conditions �, 1. Licensee's Use of Tax Maps and/or Product ' � The Licensee will use the Tax Maps and Product as follows� ' Use of Suffolk County AREIS for local municipality matters. �i � � 2. Contact Person(s) Information for Licensee for Notices Licensee: Town of Southold 53095 Route 25 P O. Box 1179 Southold, New York 11971 Attn: William M Duffy, Esq., Town Attorney Phone: (631) 765-1939 Fax#: (631) 765-6639 E-Mail: billdC�southoldtownnv.qov End of Text for Exhibit B � Page 8 of 8 Pages Exhibit C Sub-License Agreement for Suffolk County AREIS and Tax Map Product Note: This Sub-License Agreement will be customized for individual Sub-Licensees � Sub-Li�ense Agreement; Rev. 01/18/12 Suffolk County AREIS and Tax Maps Town of Southold In connection with License Agreement No. 21-RP-006 RPTSA# SL-21- Sub-License Agreement for Suffolk County ARE/S and Tax Map Product This Sub-License Agreement("License Agreement") is between the County of Suffolk("County" and/or"Licensor"), a municipal corporation of the State of New York, acting through its duly constituted Suf- folk County Real Property Tax Service Agency ("Agency"), located at the 300 Center Drive, Riverhead, New York 11901; and the Town of Southold ("Licensee"), a municipal corporation, located at P.O. Box 1179, 54375 Route 25, Southold, New York 11971; and Consultant (the "Consultant and/or"Sub-Licensee") to the Licensee, set forth below on page two as a signatory to this three-party agreement. The Consultant/Sub-Licensee is located at The three parties hereto desire that Suffolk County Real Property Tax Maps ("Tax Maps") and/or cer- tain digital data sets (the "Product," as defined in paragraph 3 of Exhibit A of the License Agreement) from the Agency's computer data base, known as the "Suffolk County AREIS ("Advanced Real Estate Information Sys- tem') be sub-licensed (the "Sub-License")to the Sub-Licensee. Terms and Conditions: Shall be as set forth in Attachment A (Sub-License Terms and Conditions) and Attachment B (Variable Terms and Conditions) and Attachment C (License Agreement between the County and the Licensee), attached hereto and incorporated herein. Term of Sub-License Agreement: Shall commence for the term authorized by the Licensee as stated in the agreement between the Licensee and the Consultant and shall continue for subsequent terms pursuant to the Licensee's authorization for the ConsultanYs services, not to exceed the term of the License Agreement be- tween the Licensee and the County (Licensee Agreement for Suffolk County AERIS and Tax Map Product; ending on December 31, 2021. Total Cost of Sub-License Agreement: No Cost to County/Licensor, the Licensee, or the Consultant/Sub- Licensee, except for standard media reproduction costs. Signatures are set forth on page 2. Page 1'of 7 Pages Sub-License Agreement; Rev. 01/18/12 Suffolk County AREIS and Tax Maps . Town of Southold � ' In connection with License Agreement No. 21-RP-006 RPTSA# SL-21- In Witness Whereof, the parties hereto have executed this Sub-License Agreement as of the latest date writ- ten below Town of Southold Sub-Licensee - Contractor By� By. Name. Scott A. Russell Name� Title: Supervisor Title� Fed TaxpayerlD 11-6001939 Fed TaxpayerlD Date. Date: Licensor - County of Suffolk Suffolk County Real Property Tax Service Agency By Penny Wells LaValle Director Date. Page 2 of 7 Pages � � ' Sub-License Agreement; Rev. 01/18/12 Suffolk County AREIS and Tax Maps Town of Southold In connection with License Agreement No. 21-RP-006 RPTSA# SL-21- List of Exhibits Attachment A Sub-License General Terms and Conditions 1. Grant of Sub-License 2 Term and Termination Attachment B Sub-License Variable Terms and Conditions Attachment C Copy of License Agreement for Suffolk County AREIS and Tax Map Product as executed by the County of Suffolk and the Licensee � Page 3 of 7 Pages Sub-License Agreement; Rev. 01/18/12 Suffolk County AREIS and Tax Maps� . Town of Southold � � In connection with License Agreement No. 21-RP-006 RPTSA# SL-21- Attachment A General Terms and Conditions Whereas, the County and the Licensee have executed a License Agreement, a copy of which is attached hereto and incorporated herein as Attachment C; and Whereas, the Licensee, in order to complete the project set forth in Attachment B, desires to utilize the ser- vices of the Sub-Licensee; Now therefore, the parties agree as follows: 1. Grant of Sub-License The County approves the grant of this Sub-License to the Sub-Licensee, subject to all of the terms and conditions set forth in the License Agreement (Attachment C) Consent to this Sub-License Agreement is at the sole discretion of the County of Suffolk, acting through its duly constituted Real Property Tax Service Agency. Such consent shall be indicated by the signature of the Director of Real Property Tax Service Agency (or designee) on page two (2) of this Sub-License Agreement. 2. Term and Termination a. Term This Sub-License Agreement shall cover the period provided on the first page thereof, unless sooner terminated as provided below. , b. Termination for Cause i. In the event the Sub- Licensee violates any of the terms and conditions of this Sub- License Agreement, the County and/or the Licensee may terminate this Sub- License, provided that no such termination shall be effective unless: A. the Sub-Licensee is given five (5) business days written notice of intent to termi- nate ("Notice of Intent to Terminate"), and B. an opportunity for consultation with the County and/or the Licensee prior to ter- mination; and C. an opportunity to cure any violation of the terms and conditions of this Sua- License. In the event that the Sub-Licensee has not cured, or commenced to cure, to the satis- faction of the County and/or the Licensor, within such five (5) day period (or longer peri- od at the County's option), then the County and/or the Licensee may issue a written termination notice ("Termination Notice"). ii. Notwithstanding the above, if the Sub-Licensee makes use of the Tax Maps and/or Product in a manner not permitted by this License Agreement and the County reasona- bly determines that such use was intended to result in harm to the County's proprietary . Page 4 of 7 Pages ' Sub-License Agreement; Rev. 01/18/12 Suffolk County AREIS and Tax Maps Town of Southold In connection with License Agreement No. 21-RP-006� RPTSA# SL-21- nghts, the County shall have the nght to terminate this Sub-License Agreement immedi- ately upon wntten notice, stating the reason, to the Sub-Licensee. c. Termination for Convenience Any of the three parties to this Sub-License Agreement may terminate this Sub-License Agree- ment for any reason whatsoever, provided that no such termination shall be effective unless the other two parties are given fifteen (15) calendar days pnor written notice of such termination. d. Return of Tax Maps and Product In the event that this Sub-License Agreement is terminated for any reason, or upon expiration of the License Agreement, the Sub-Licensee shall, within ten (10) days thereafter, shall return or destroy the original and all copies of the Tax Maps and Product and any derivative work(s) of the Product in spatial digital format The Sub-Licensee shall certify in writing that such action has been taken. Notwithstanding the above, derivative work(s) in the form of reports in raster digital format or paper copy need not be destroyed. End of text for Attachment A Page 5 of 7 Pages Sub-License Agreement; Rev. 01/18/12 Suffolk County AREIS and Tax Maps• . Town of Southold � � In connection with License Agreement No. 21-RP-006 RPTSA# SL-21- Attachment B Sub-License Variable Terms and Conditions 1. Sub-Licensee's Use of Tax Maps and/or Product The Sub-Licensee will use the Tax Maps and/or Product (certain digital data sets) as follows: 2. Contact Person(s) Information for Sub-Licensee for Notices Licensee: Town of Southold 53095 Route 25 P.O. Box 1179 Southold, New York 11971 Attn. William M. Duffy, Esq. Town Attorney Phone#: 631-765-1939 Fax#: 631-765-6639 E-mail. billd(c�southoldtownny.qov Sub-Licensee: � Page 6 of 7 Pages �ub-License Agreement; Rev. 01/18/12 Suffolk County AREIS and Tax Maps Town of Southold In connection with License Agreement No. 21-RP-006 RPTSA# SL-21- Attachment C , Copy of License Agreement for Suffolk County AREIS�and Tax Map Product as executed by the County of Suffolk and the Licensee Page 7 of 7 Pages � , ; Exhibit D Suffolk County Legislative Requirements ' Euhibit f� — Legislative Requirements Rev. 04/05/16; License Agreement Exhibit D Suffolk County Legislative Requirements 1. Contractor'sNendor's Public Disclosure Statement It shall be the duty of the Licensee to read, become familiar with, and comply with the requirements of section A5-8 of Article V of the Suffolk County Code. Unless certified by an officer of the Licensee as being exempt from the requirements of section A5-8 of Article V of the Suffolk County Code, the Licensee represents and warrants that it has filed with the Comptroller the verified public disclosure statement required by Suffolk County Administrative Code Article V, Section A5-8 and shall file an update of such statement with the Comptroller on or before the 31st day of January in each year of the Agreement's duration. The Licensee acknowledges that such filing is a matenal, contractual and statutory duty and that the failure to file such statement shall constitute a matenal breach of the Agreement, for which the County shall be entitled, upon a determination that such breach has occurred, to damages, in addition to all other legal remedies, of fifteen percent (15%) of the amount of the contract. Required Form: Suffolk County Form SCEX 22, entitled "Contractor's/Vendor's Public Disclosure Statement" 2. Living Wage Law It shall be the duty of the Licensee to read, become familiar with, and comply with the requirements of , Chapter 575, of the Suffolk County Code. This License Agreement is sub�ect to the Living Wage Law of the County of Suffolk. The law requires that, unless specific exemptions apply, all employers (as defined) under service contracts and recipients of County financial assistance, (as defined) shall provide payment of a minimum wage to employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law of the County of Suffolk. Under the provisions of the Living Wage Law, the County shall have the authonty, under appropriate circumstances, to terminate the Agreement and to seek other remedies as set forth therein, for violations of this Law Required Forms: Suffolk County Living Wage Form LW-1; entitled "Suffolk County Department of Labor— Living Wage Unit Notice of Application for County Compensation (Contract)" Suffolk County Living Wage Form LW-38, entitled "Suffolk County Department of Labor— Living Wage Unit Living Wage Certification/Declaration —Sub�ect To Audit" 1 of 5 Exhibit D — Legislative Requirements ' • Rev. 04/05/16; License Agreement � �� ' 3. Use of County Resources to Interfere with Collective Bargaining Activities It shall be the duty of the Licensee to read, become familiar with, and comply with the requirements of Article 1 of Chapter 803 of the Suffolk County Code County Contractors (as defined by section 803-2) shall comply with all requirements of Chapter 803 of the Suffolk County Code, including the following prohibitions� a. The Licensee shall not use County funds to assist, promote, or deter union organizing b. No County funds shall be used to reimburse the Licensee for any costs incurred to assist, � promote, or deter union organizing c. No employer shall use County property to hold a meeting with employees or supervisors if the purpose of such meeting is to assist, promote, or deter union organizing If the Services are performed on County property, the Licensee must adopt a reasonable access agreement, a neutrality agreement, fair communication agreement, non-intimidation agreement, and a ma�onty authorization card agreement If the Services are for the provision of human services and are not to be performed on County property, the Licensee must adopt, at the least, a neutrality agreement Under the provisions of Chapter 803, the County shall have the authonty, under appropnate circumstances, to terminate the contract and to seek other remedies as set forth therein, for violations of this Law Required Form: Suffolk County Labor Law Form DOL-L01, entitled "Suffolk County Department of Labor— Labor Mediation Unit Union Organizing Certification/Declaration — Sub�ect to Audit " 4. Lawful Hiring of Employees Law It shall be the duty of the Licensee to read, become familiar with, and comply with the requirements of Article II of Chapter 353 of the Suffolk County Code. This License Agreement is sub�ect to the Lawful Hiring of Employees Law of the County of Suffolk It provides that all covered employers, (as defined), and the owners thereof, as the case may be, that are recipients of compensation from the County through any grant, loan, subsidy, funding, appropriation, payment, tax incentive, contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or an awarding agency, where such compensation is one hundred percent (100%) funded by the County, shall submit a completed sworn affidavit (under penalty of per�ury), the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees (as defined) and with respect to the alien and nationality status of the owners thereof The affidavit shall be executed by an authonzed representative of the covered employer or owner, as the case may be, shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement with the County, and shall be made available to the public upon request All contractors and subcontractors (as defined) of covered employers, and the owners thereof, as the case may be, that are assigned to perform work in connection with a County contract, subcontract, license agreement, lease or other financial compensation agreement issued by the County or awarding 2of5 ' �,;hibit f� — Legislative Requirements � Rev. 04/05/�6; License Agreement agency, where such compensation is one hundred percent (100%) funded by the County, shall submit to the covered employer a completed sworn affidavit (under penalty of per�ury), the form of which is attached, certifying that they have complied, in good faith, with the requirements of Title 8 of the United States Code Section 1324a with respect to the hiring of covered employees and with respect to the alien and nationality status of the owners thereof, as the case may be. The affidavit shall be executed by an authorized representative of the contractor, subcontractor, or owner, as the case may be; shall be part of any executed contract, subcontract, license agreement, lease or other financial compensation agreement between the covered employer and the County; and shall be made available to the public upon request. An updated affidavit shall be submitted by each such employer, owner, contractor and subcontractor no later than January 1 of each year for the duration of any contract and upon the renewal or amendment of the contract, and whenever a new contractor or subcontractor is hired under the terms of the contract. The Licensee acknowledges that such filings are a material, contractual and statutory duty and that the failure to file any such statement shall constitute a material breach of the contract. Under the provisions of the Lawful Hiring of Employees Law, the County shall have the authority to terminate the contract for violations of this Law and to seek other remedies available under the law The documentation mandated to be kept by this law shall at all times be kept on site Employee sign-in sheets and register/log books shall be kept on site at all times during working hours and all covered employees, as defined in the law, shall be required to sign such sign-in sheets/register/log books to indicate their presence on the site dunng such working hours Required Forms: Suffolk County Lawful Hiring of Employees Law Form LHE-1, entitled "Suffolk County Department of Labor— Notice Of Application To Certify Compliance With Federal Law (8 U.S.C. SECTION 1324a) With Respect To Lawful Hinng of Employees " "Affidavit Of Compliance With The Requirements Of 8 U.S C. Section 1324a With Respect To Lawful Hiring Of Employees" Form LHE-2. 5. Gratuities It shall be the duty of the Licensee to read, become familiar with, and comply with the requirements of Chapter 664 of the Suffolk County Code. The Licensee represents and warrants that it has not offered or given any gratuity to any official, employee or agent of the County or the State or of any political party, with the purpose or intent of securing an agreement or secunng 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 6. Prohibition Against Contracting with Corporations that Reincorporate Overseas It shall be the duty of the-Licensee to read, become familiar with, and comply with the requirements of sections A4-13 and A4-14 of Article IV of the Suffolk County Code. The Licensee represents that it is in compliance with sections A4-13 and A4-14 of Article IV of the Suffolk County Code. Such law provides that no contract for consulting services or goods and services 3 of 5 Exhibit D — Legislative Requirements ' , „ � Rev. 04/05/16; License Agreement '� '�� � ` shall be awarded by the County to a business previously incorporated within the U S A that has reincorporated outside the U S A. 7. Child Sexual Abuse Reporting Policy It shall be the duty of the Licensee to read, become familiar with, and comply with the requirements of Article II of Chapter 880 of the Suffolk County Code The Licensee shall comply with Article II of Chapter 880, of the Suffolk County Code, entitled "Child Sexual Abuse Reporting Policy," as now in effect or amended hereafter or of any other Suffolk County local law that may become applicable during the term of the contract with regard to child sexual abuse reporting policy 8. Non Responsible Bidder It shall be the duty of the Licensee to read, become familiar with, and comply with the requirements of Article II of Chapter 189 of the Suffolk County Code Upon signing the License Agreement, the Licensee certifies that it has not been convicted of a cnminal offense within the last ten (10) years The term "conviction" shall mean a finding of guilty after a trial or a plea of guilty to an offense covered under the provision of section 189-5 of the Suffolk County Code under"Nonresponsible Bidder." 9. Use of Funds in Prosecution of Civil Actions Prohibited It shall be the duty of the Licensee to read, become familiar with, and comply with the requirements of Article III of Chapter 893 of the Suffolk County Code. The Licensee shall not use any of the moneys, in part or in whole, and either directly or indirectly, received under the License Agreement in connection with the prosecution of any civil action against the County in any�unsdiction or any judicial or administrative forum 10. Youth Sports It shall be the duty of the Licensee to read, become familiar with, and comply w�th Article III of Chapter 730 of the Suffolk County Code All contract agencies that conduct youth sports programs are required to develop and maintain a written plan or policy addressing incidents of possible or actual concussion or other head injuries among sports program participants Such plan or policy must be submitted prior to the award of the County contract, grant or funding Receipt of such plan or policy by the County does not represent approval or endorsement of any such plan or policy, nor shall the County be subject to any liability in connection with any such plan or policy 11. Work Experience Participation If the Contractor is a not-for-profit or governmental agency or institution, each of the Contractor's locations in the County at which the Services are provided shall be a work site for public-assistance clients of Suffolk County pursuant to Chapter 281 of the Suffolk County Code at all times during the Term of the Contract. If no Memorandum of Understanding ("MOU") with the Suffolk County Department of Labor for work experience is in effect at the beginning of the Term of the Contract, the Contractor, if it is a not-for-profit or governmental agency or institution, shall enter into such MOU as soon as possible after the execution of the Contract and failure to enter into or to perform in 4 of 5 ' ��hibi� I� — Legislative Requirements Rev. 04/05/16; License Agreement accordance with such MOU shall be deemed to be a failure to perform in accordance with the Contract, for which the County may withhold payment, terminate the Contract or exercise such other remedies as may be appropriate in the circumstances. 12. Safeguarding Personal Information of Minors It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Suffolk County Local Law No. 20-2013, a Local Law to Safeguard the Personal Information of Minors in Suffolk County. All contract agencies that provide services to minors are required to protect the privacy of the minors and are strictly prohibited from selling or otherwise providing to any third party, in any manner whatsoever, the personal or identifying information of any minor participating in their programs 13. Contract Agency Performance Measures and Reporting Requirements It shall be the duty of the Contractor to read, become familiar with, and comply with the requirements of Suffolk County Local Law No 41-2013, a Local Law to Implement Performance Measurement to Increase Accountability and Enhance Service Delivery by Contract Agencies (Article VIII of Chapter 189 of the Suffolk County Code) All contract agencies having a contract in excess of$50,000 shall cooperate with the contract's �administering department to identify the key perFormance measures related to the objectives of the service the contract agency provides and shall develop an annual perFormance reporting plan. The contract agency shall cooperate with the administering department and the County Executive's -Performance Management Team to establish working groups to identify appropriate performance indicators for monthly evaluation of the contract agency's performance measures. 14. 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 Exhibit D 5of5 � � , � , . SUFFOLK COUNTY DEPARTMENT OF LABOR, LICENSING & CONSUMER AFFAIRS —LOCAL LAW COMPLIAI�CE UNIT NOTICE OF NON-APPLICABILITY OF LIVING WAGE LAW Living Wage Law, Suffolk County Code,Chapter 575 (2001) To Be Completed By The Local Law Compliance Unit DATE: June 2, 2016 TO: Patricia Leonhardt, Real Propertv Tax Service Agencv FROM: Bren osenber Director e'l � TELEPHON• #: 631853-3808 EMPLOYER: Town of Southold VENDOR#: 11-6001939 REF.: Use of Copvright Real Propertv Tax Map . 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 that this employer is not covered by the Suffolk County Living Wage Law (Local Law #12-2001), and that the requirements of this law as currently constituted do not constrain this contractor at this time. . Brenda Rosenberg Director of Living Wage Compliance Suffolk County Department of Labor, Licensing & Consumer Affairs LW-26 (Revised 2/13) ' � SUFFOLK COUNTY DEPARTMENT OF LABOR,LICENSING& CONSUMER AFFAIRS � '' NOTICE OF APPLICATION TO CERTIFY COMPLIANCE WITH FEDERAL LAW (S U.S.C. SECTION 1324A1 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: June 2, 2016 � TO: Patricia Leonhardt, Real Propertv Tax Service Agencv � FROM: Brenda iber Director TELEPHONE #• 631 853-3808 EMPLOYER: Town of Southold VENDOR#: 11-6001939 REF.: Use of Copvright Real � Propertv Tax Map 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 Hi�ing of Employees Law (Local Law #52-2006). LHE-3 (Revised 2/13) . �, � y,a Steven Bellone �'� � �rank Nardelli SuFfolk County�xecutive •�s�'' Commissioner SUFFOLK COUN7Y DEPAR'�M�N'�'QF L.A��R, LICENSING &CONSUMER AaFFAIRS UNION�R�ANIZING CERTIFICATXON/DECLARA.TIQN-SUBJECT'I'O AUAI'�' If thc following de�nition of"County Coatraclor"(Y3hia�n Ort�nnizina�,s�►v Clrut�ter 8A31 applies to the contractor's/benai'iciary's business or fransaction with Suf[olk Counfy,the contractor/beneCaciary must complefe Sec4ions I, I�Z, and IV below. If the fol�owing definitions do aot apply,the contractorlbeneficiary mnst complete Sections EI,III and N below. Completed forms must be submitted to the awarding agency. County Contractor:"Any employer that receaves more than$50,000 in County funds for supplying goods or services pursuant to awntten contract with the County of Suffolk or any of its agencies;pursuant fo a Suffolk County grant;pursuant to a Suffolk County program; pursuantto a Suffolk County reimbarsement foz services provided in any calendaryear;ox pursuant to a subcontractwith any ofthe above." Section I The Union Organizing Law applies to this cflntract.T/we hereby agree to comply with all the provisions of Suffolk County �� Local Law No,26-2003,the Suffolk County Union Organizing Law(the law)and,as to the goods and/or services that are the subject of fhe contract with the County of Suffolk shal] not use County funds to assist,promote, or deter union Check if organizing�hantcr 8U3-3),nor seek rezm,bursement from the County for costs incurred to assist,promote,or deter union Applicable organizing. ' I/we further agree to fake all action necessary to ensure that County funds are not used to assist,promote,or deter union organizing. Uwe further agree that I/we will not use County property to hold meetings to assist,promote,or deter union orgaztizing. I/we further agree that if any expenditures or costs incurred to assist,promote,or deter union organizing are made, I/we shall maintain records sui�icient to show that no County funds were used for those expenditures and,as applicable,that no reimbursement from County funds has been sought for such costs.I/we agree fhat sucka recoxds shall be made available to the pertinent County agency o�authority,the County Comptraller,or the County Department of Law upon tequest. I/we fuzther a�£irm to the following as to the goods and/or services that are the subject of the contract with the County of Suffolk: • I/we will not express to employees any false or misleading information that is intended to influenve the detezmination of employee preferences regarding union zepresentation; • Uwe will not coerce or intimidate employees,explicitly or implicitly,in selecting or not selecting a bargaining represeniative; • I/we will not require an employee,individually or in a group,to attend a meeting or an event that is intended to inftuence his or her decision in selecting or not selecting a bazgaining representative; • I/we understand my/our obligation to limit disruptions caused by pre-recognition labor disputes through the adoption ofnon-confrontational pzocedures for the resolution�af pre-recognition labor disputes with employees engaged in the producfion of goods or the rendering of services for the Caunty;and • Uwe have or will adopt any or all of the abvve-referenced procedures,or their functional equivalent,to ensurethe e�'ficient,timeJy,and quality provision of goods and services to t1�e County. I/we shall include a list of said procedures in such certification. Section dI � The Union Organizing Law does not apply to this contract�'ox the following reason(s): . ; License Agreement- No compensation , � Check if � � Applicable ' _ - - - - - - - : i - I � , . ' i � ,� .., ' � Section III Contractor Nam.e: Town Of Southold Federal Employer ID#: �1-600'I 939 Contractor Address: P•O. BoX 1179, 54375 F2oute 25 Amount of Assistance: "0- Soufhoid, New York'f 1971 Vendoi•#: `` - Contractor Phone#: ��31)765-1939 Descript;on ofproject or service: Use of copyright Real Property Tax Map Digital Parcef Data for contracted wark. Section IV In the event any part of the Union Organizing Law, Chapter 803 �f the Laws of Suffolk County, is found by a court of competent jurisdiction to be preempted by federal and/or state law,this certificetion/dec(aratian shall be void ab initio. Section V I declare uncl enalty of perjury under the Laws of the State ofNew York that the undersigned is auiborized to provide this certification, and that the 41�C]S 1Pi1L'• d correct, ;�� ��i�� Aut}�nrizc�d Signature' Date �C=u-�- ���. �v Ss.e.� Print Name and Title of Authorized Representafive , DOL-LOl l/15