HomeMy WebLinkAboutMulti Modal State a k
Department of Transportation
State Office Building
250 Veterans Memorial Highway
Hauppauge, NY 11788-5518
Andrew M.Cuomo
Governor
RECEIVED
February 10, 2021;
Denis Noncarrow
FES 1 9 2021 -
Government Liaison Officer
Town of Southold, New York Southold Town Clerk
Re: Executed Multi Modal Agreement
0MA482.30A-MM#04
Dear Mr. Noncarrow ,,
Enclosed please find a copy of the signed & executed Agreement for the reference project.
If you have any questions, please feel free to contact me at'(631) 952-6026. Thank you in advance for
your cooperation.
Very truly yours,
Tahmena Afrooz
Tahmena Afrooz
Planning & Program Management
N.Y.S. Dept. of Transportation
cc: file/region 10
NYS DEPARTMENT OF TRANSPORTATION
Multi-Modal MM #2 or#4 Sponsors Project Payment Request UnivFIN 421mm(02/15)
PAYEE ID# NYS Contract No. Request Sequence#
For Payee ID.Municipalities use OSC Municipal Code;Non-Municipalities use their Federal Employer ID Number(FEIN).
IMPORTANT: List PIN#(s)for individual project(s) on reverse side for each reimbursement requested !
Multi-Modal Program Fund Source(check one that applies): _MM#2 _MM#4
PAYEE INVOICE#: Work Period Covered(for this estimate) FROM_/_/_ TO
Payee/Project Sponsor/Owner Name:
Current Completion Date / /
Street Address
MIR Date
(completed by NYSDOT for approved M.A.P.)
City
Original MM Contract Amount: $
State
NY Zip Code Current MM Contract Amount: $
Project Sponsor Prepares NYSDOT Use Only
1. Total work reported on previous payment requests
(See Column AB on reverse side)
2. Work reported on this payment request
(See Column AA on reverse side)
3. Total work reported to date
(See Column AC on reverse side)
4. Adjustments (for NYSDOT use only)
Reason
5. Previous payments
6. Payment requested or processed
PROJECT SPONSOR CERTIFICATION
I, do hereby certify that I am the of
(Name) (Title)
Project Sponsor for the work referred to in the foregoing payment request, that I am the
person in whose name the foregoing account against the State of New York is rendered,that the labor,materials,expenses or services charged for were
actually delivered,incurred or rendered and that the prices charged are just and reasonable;that the expenses detailed herein were actually incurred;that
the services specified were actually rendered as charged,and further,that no percentage or compensation has been paid or promised to be paid to any
manager,,trustee,officer or employee of said agency,corporation,institution,department,board,commission or related person by reason of the claimant
having been allowed to sell to,incur expense for,or render services thereto also,to the best of my knowledge and belief,no manager,trustee,officer or
employee of said agency,corporation,institution,department,board, commission or related person has or has had any interest directly or indirectly in said.
article,materials,expenses or services,that no part of the foregoing account has been paid,and that the above statement is true and correct.
I specifically certify that the project costs herein identified(see individual PIN-specific amount(s)listed on reverse side)meet all Multi-Modal(MM)funding
eligibility requirements under the subject contract and eligible fund source,which include: (1)that the service life of each individual project is ten(10)or
more years,(2)that project work was performed in accordance with the State Environmental Quality Review Act(SEQRA),(3)for highway&bridge mode
projects,that(a)MM funding is not used for the mandated non-Federal matching share of a Federally funded Highway or Bridge project,(b)the amount of
MM funds requested is and shall be no greater than prior unreimbursed municipal project expenditures for work completed or materials incorporated in a
qualifying project(s),and(c)that the amount of municipal funds appropriated for transportation capital projects is not and shall not be reduced because of
the MM funding,(4)for any Airport or aviation facility type,that Federal funding is not available to the Project,but the Project is consistent with an approved
airport layout plan,and(5)that eligible project costs will be submitted for reimbursement to NYSDOT no later than 15 months after the date the original
expenditure is paid in order to comply with Federal Tax Law(26 CFR 1.150-2(d)(2)(1)),which governs the tax-exempt bonds issued to fund Multi-Modal
projects.
DATE SIGNATURE TELEPHONE NO.
CERTIFICATION BY NYS DEPT. OF TRANSPORTATION
I, do hereby certify that I am the and
(Name) (Title)
have reviewed the payment request and to the best of my knowledge find them to be acceptable statements of the expenditures made and of the amount of
payment due. When necessary,the project has been inspected for assurance that the work and material used are in reasonable conformity to approved
plans and specifications.
DATE SIGNATURE TELEPHONE NO.
NYS DEPARTMENT OF TRANSPORTATION
Multi-Modal (MM) #2 or#4 Sponsors Project Payment Request
Project ID MODE Current Total Combined MM Amount of Initial
Number(s) (H)wy or Reimbursement of all Payment(s) Project Budget Here
Bridge Amount Previous Due to Project Budget Amount Balance if
PIN # (P)ort
Requested Payments (Life-to-Date) Allocated Remaining Final
Ferry Pa
(A)ail AA AB AC (AA + AB) AD AE (AD - AC)Wirpm Pay-
(R)ail
[Line#2 on Other Side] [Line#1 on Other Side] [Line#3 on Other Side]
$ $ $ $ Is
1st Project Title/Description:
$ $ $ $ $
2nd Project Title/Description:
$ $ 1 $ Is Is 7
3rd Project Title/Description:
$ $ 1 $ I $ Is
4th Project Title/Description:
$ $ Is Is Is
5th Project Title/Description:
$ $ $ $ $
6th Project Title/Description:
$ $ $ $ $
7th Project Title/Description:
$ $ $ $ $
8th Project Title/Description:
$ =TOTAL WORK REPORTED ON THIS PAYMENT REQUEST [See Line 2 on other side]
UnivFIN421mm(02/15) REVERSE SIDE
r'%'%1 "L-1-I yr 1 MMMO1"UM 1 H I IUN
Multi-Modal (MM) #2 or#4 Sponsors Project Payment Request
Project ID MODE Current Total Combined MM Amount of Initial
Number(s) (H)dor Reimbursement of all Payment(s) Project Budget Here
(P)ort or, Amount Previous Due to Project Budget Amount Balance if
PIN # Ferry,. Requested Payments (Life-to-Date) Allocated Remaining Final
(R)ail AC AA + AB
(A)irport [ AA AB � ( ) AD AE (AD - AC) Pay-
Line#2 on Other Side] [Line#1 on Other Side] [Line#3 on Other Side] ment
1st Project
J Title/Description:
$ `
$; $ Is $
2nd Project' Title/Description:
$ $ $ Is $
3rd Project Title/Descri tion:
$ $ $ $ $
4th Project 11011, Title/Description:
t$
5th Project ,,;; ; Title/Description:
6th Project ''a . ; \ ' Title/Description:
�� z ,�
I t$
7th Projectf " Title/Description:
8th Project
'All Title/Description:
$ = TOTAL WORK REPORTED ON THIS PAYMENT REQUEST [See Line 2 on other side]
"
UnivFIN421mm(02/15) REVERSE SIDE
s U
Universal Master Municipal MM Agreement
Municipal Sponsor: [Town of Southold]
Master Municipal Multi-Modal (MM) Capital Project() Agreement
For Use Only with Municipally-owned Highway, Bridge, or Aviation projects where
a State Comptroller(OSC) approved contract is required
Note: A separate contract is required for each individual Multi-Modal Program source]
NYS COMPTROLLER'S CONTRACT NO. D040244
THIS AGREEMENT made this day of , is between
the New York State Department of Transportation ("NYSDOT"), having its principal office at
50 Wolf Road,Albany, New York 12232 and the Supervisor, Town of Southold,with offices at
Town of Southold, PO BOX 1179, Southold, NY 11971 to provide for the reimbursement of costs
incurred by the municipality for the construction, reconstruction, improvement, reconditioning and
preservation of a project or projects included in Schedule A or Supplements to Schedule A within the
Multi-Modal Programs, consisting of one or more County, Town, City, and Village road, highway,
parkway, bridge or aviation capital project or projects, as described for the purposes of this agreement
in Schedule A or Supplements to Schedule A hereof(the "Project"). The amount of NYSDOT's funding
pursuant to this Agreement shall be limited to Project Eligible Costs actually incurred, in no event to
exceed the amount(s) identified in Schedule A.
WITNESSETH:
WHEREAS, section 14-k of the Transportation Law establishes the Multi-Modal (MM) Programs that
may fund eligible project costs through the bond funding (as applicable)for capital projects approved by
the Commissioner of Transportation, and
WHEREAS, pursuant to Legislative appropriation or authorization for capital projects, that MM funding
of the Project(s) herein is authorized and, the Sponsor certifies to NYSDOT that:
(1)the service life of each individual Project is ten (10) or more years, regardless of mode; and
(2) for highway and bridge mode projects, (a) MM program funding is not used for the mandated non-
Federal matching share of a Federally funded project; (b) the amount of MM funds requested is and
shall be no greater than prior unreimbursed municipal project expenditures for work completed or
materials incorporated in a qualifying project(s); and (c)the amount of municipal funds appropriated for
transportation capital_projects is not and shall not be reduced because of the MM program funding; and
(3) for any airport or aviation facility type, the sponsor must certify that Federal funding is not available
to the project, but that the project is consistent with an approved Airport Layout Plan.
NOW THEREFORE,the parties agree as follows:
1. Documents Forming this Agreement. The agreement consists of the following:
Agreement Form - this document titled AMaster Municipal Multi-Modal Capital Project(s)
Agreement is for Use Only with Municipally-owned Highway, Bridge, or Aviation projects where
a State Comptroller-approved contract is required@;
Multi-Modal Program Schedule"A" - Detailed individual Project Description(s) and Funding; and
Appendix"A"- New York State Required Contract Provisions.
Appendix"A-1"—Supplemental Title VI Provisions (Civil Rights Act)
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Universal Master Municipal MM Agreement
Municipal Sponsor: [Town of Southold]
2. Work, Maintenance & Operation. Sponsor shall render all services and furnish all materials and
equipment necessary to complete the Project or projects described in Schedule(s)A or Supplements to
Schedule A and shall fund all costs attendant to such completion. The work of the Project or projects
may consist generally of the categories of work described in Schedule A or one or more Supplemental
Schedules A as may hereafter be executed by the parties hereto and approved as required for a State
contract, and any additions or deletions made thereto by NYSDOT subsequent to the execution of such
Schedules A or Supplements to Schedule A for the purposes of conforming to New York State
requirements. Upon Project completion, Sponsor will operate and maintain the Project(s) at no
expense to NYSDOT and Sponsor will not dispose of or encumber the Project(s) or cause the
Project(s) to be withdrawn from public service during its useful service life without the prior approval of
NYSDOT.
3. Multi-Modal(MM) Funding Reimbursement of Eligible Project Costs. Subject to compliance with this
Agreement, NYSDOT agrees to authorize reimbursement of individual Project costs identified in the
applicable Schedule A or Supplements to Schedule A attached hereto in an amount not to exceed the
lesser of the indicated MM program funding amount or actual Eligible Project Costs, as defined below.
MM program funding shall be used solely for the payment of Eligible Costs the Sponsor actually incurs
in performing the Project. Contractor obligations or expenditures that precede the start date of
the agreement shall not be reimbursed. To be eligible for MM aid, "Eligible Project Costs" must: (a)
be eligible pursuant to §3.1 below and such other MM program Policies and Criteria as are established
by NYSDOT including but not limited to NYSDOT's MM Program Guidelines criteria; and, (b) be for
work which, when completed, has a certifiable service life of at least 10 years; and, (c) must be
submitted for reimbursement to NYSDOT no later than 15 months after the date the original
expenditure is paid in order to comply with Federal Tax Law (26 CFR 1.150-2 (d)(2)(i)), which
governs the tax-exempt bonds issued to fund Multi-Modal projects.
3.1. Eligible Costs. Eligible Project costs include costs of acquisition, construction, repair,
reconstruction, renovation, equipment and other related costs as set forth in the Project
Description in Schedule A or Supplements to Schedule A. Eligible Project costs may also
include the reimbursement of salaries and wages to employees of Sponsor for carrying out the
Project(s); fees to consultants and professionals retained by Sponsor for planning and
performing the Project, and such other costs and expenses directly related to such employees,
consultants and professionals for the Project.
3.2. Sponsor Debt Service. Multi Modal program funds shall not be used to pay a Sponsor for
interest (debt Service) or issuance (indirect costs) payments on Multi Modal projects for which
the sponsor issued a local bond or note to finance the first instance local portion. Multi Modal
funds can be used to reimburse a Sponsor for payments of the principal portion of a local bond
or note which a Sponsor might issue to pay for the construction of a capital project.
4. Payment. Payments hereunder shall be as follows:
4.1. Payment Upon Completion. The State has no obligation to make payment until all
required approvals, including the approval of the Attorney General and State
Comptroller, have been obtained. Except where §4.2 applies, payment to Sponsor shall be
made upon the application of Sponsor to NYSDOT upon Project completion, on the basis of
work accomplished, local expenditures made, and the submission of duly completed payment
requests and certifications in a form approved by NYSDOT, including such information as
NYSDOT deems necessary to assure compliance with the program requirements and this
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Universal Master Municipal MM Agreement
Municipal Sponsor: [Town of Southold]
Agreement.
4.2. Periodic Reimbursement. If the Sponsor and NYSDOT find it desirable to have
reimbursement made periodically in accordance with a payment cycle established by NYSDOT
and the Sponsor, NYSDOT may authorize payments based on billings prepared by the Sponsor
in accordance with NYSDOT requirements, based on costs incurred as disclosed by the records
thereof, as required by the Project or projects, with applicable adjustments to be made after
audit by NYSDOT. These payments shall be made as moneys become available therefor.
4.3. Certifications. In addition to the certifications on Page 1 of this contract, the Sponsor shall
also certify in each payment request that individual Project work was performed in accordance
with the design and contractual requirements of Sponsor and Sponsor's design professional,
and that such request does not duplicate reimbursement of costs and services received from
other sources. Such certification by the project sponsor shall include the responsibility to furnish
the Commissioner with any written information as may be necessary to maintain, if applicable,
the federal tax exempt status of bonds, notes, or other obligations issued for such purposes.
4.4 Electronic Contract Payments. Municipality/Sponsor shall provide complete and accurate
supporting documentation of eligible Local expenditures as required by this contract, NYSDOT
and the State Comptroller. Following NYSDOT approval of such supporting documentation,
payment for invoices submitted by the contracting Municipality/Sponsor shall only be rendered
electronically unless payment by paper check is expressly authorized by the Commissioner, in
the Commissioner's sole discretion, due to extenuating circumstances. Such electronic payment
shall be made in accordance with ordinary State procedures and practices. The contracting
Sponsor shall comply with the State Comptroller (or applicable Public Authority) procedures to
authorize electronic payments. Authorization forms are available at the State Comptroller's
website at www.osc.state ny.us/epay/index htm, by E-mail at epunit(a).osc state.ny.us, or by
telephone at (518) 474-4032. For referral to applicable Public Authority electronic payment
registration procedures for certain State funded payments, Local Sponsors should refer to the
cover letter instruction included with this document or, otherwise, contact their Regional
NYSDOT Local Programs Liaison. The contracting Municipality/Sponsor herein acknowledges
that it will not receive payment on any invoices submitted under this Contract agreement if it
does not comply with the State Comptroller (or applicable Public Authority) electronic payment
procedures, except where the Commissioner has expressly authorized payment by paper check
as set forth above.
5. Ethics Considerations. In addition to Sponsor's conforming with the applicable provisions of Public
Officers Law '73 (Business or Professional Activities by State Officers and Employees and Party
Officers) and General Municipal Law 1 806 (Code of Ethics) as related to the expenditure of the MM
Funding made hereunder, no member of Sponsor's governing body, its officers or employees, nor any
member of their families shall benefit financially either directly or indirectly from the MM Funding unless
such action is otherwise in accordance with law and is necessary for the accomplishment of the Project.
In such event, Sponsor shall disclose such relationship to NYSDOT and shall obtain prior written
approval thereof from NYSDOT.
6. NYSDOT Performance Review. NYSDOT may review the Sponsor's performance of this agreement
in such manner and at such times as NYSDOT shall determine, and such review may include field visits
by NYSDOT representatives to the Project or projects and/or the offices of Sponsor. Sponsor shall at
all times make available its employees, records and facilities to authorized NYSDOT representatives in
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Universal Master Municipal MM Agreement
Municipal Sponsor: [Town of Southold]
connection with any such review. Such review shall be for the purpose, among other things, of
ascertaining the quality and quantity of Sponsor's performance of the Project or projects, its use and
operation.
7. State Recovery of Ineligible Reimbursements. NYSDOT shall be entitled to recover from the
Sponsor any monies paid to the Sponsor pursuant to this Agreement which are subsequently
determined to be ineligible for funding hereunder.
8. Contract Executory.
8.1. This Agreement shall be deemed executory only to the extent of money available to the
State for its performance and no liability on account thereof shall be incurred by the State
beyond money available therefor.
8.2. This agreement shall remain in effect so long as State funding authorizations are in effect
and funds are made available pursuant to the laws controlling such authorizations and
availabilities. However, if such authorizations or availabilities lapse and are not renewed,
continued or reenacted, as to funds encumbered or available and to the extent of such
encumbrances or availabilities, this agreement shall remain in effect for the duration of such
encumbrances or availabilities. Although the liquidity of encumbrances or the availability of
funds may be affected by budgetary hiatuses, a State budgetary hiatus will not by itself be
construed to lapse this agreement, provided any necessary State appropriations or other
funding authorizations therefor are eventually enacted. Sponsor's continued performance
during such a budgetary hiatus cannot, by itself, obligate the State to making expenditures
without appropriations.
9. Sponsor Liability.
9.1. Sponsor shall be responsible for all damage to person or property arising from any act or
negligence performed by or on behalf of the Sponsor, its officers, agents, servants or
employees, contractors, subcontractors or others in connection with this Agreement. The
Sponsor specifically agrees that its agents or employees shall possess the experience,
knowledge and character necessary to qualify them individually for the particular duties they
perform.
9.2. The Sponsor shall indemnify and save harmless NYSDOT & the State for all damages &
costs arising out of any claims, suits, actions, or proceedings resulting from the negligent
performance of work by or on behalf of the Sponsor, its officers, agents, servants, employees,
contractors, subcontractors or others under this agreement. Negligent performance of service,
within the meaning of this section shall include, in addition to negligence founded upon tort,
negligence based upon the Sponsor's failure to meet professional standards & resulting in
obvious or patent errors in the progression of its work.
10. No Assignment or Transfer of Contract. Sponsor agrees not to assign, transfer, convey, sublet or
otherwise dispose of this contract or any part thereof, or of its right, title or interest therein, of its power
to execute such contract to any entity, public or private, without the previous written consent of
NYSDOT first having-been obtained.
11. Independent Contractor. The officers and employees of the Sponsor, in accordance with the status
4
Universal Master Municipal MM Agreement
Municipal Sponsor: Town of Southold
of the Sponsor as an independent contractor, covenant and agree that they will conduct themselves
consistent with such status, that they will neither hold themselves out as nor claim to be an officer or
employee of the State by reason hereof, and that they will not by reason hereof, make any claim,
demand or application to or for any right or privilege applicable to an officer or employee of the State,
including, but not limited to, Workers' Compensation coverage, Unemployment Insurance benefits,
Social Security or Retirement membership or credit.
12. Disqualification and Damages. If the Sponsor fails to comply completely with any of the terms and
conditions contained within this agreement, including, but not limited to paragraphs 2 and 10, in their
entirety at any time, the project shall be disqualified. If the project is disqualified the Sponsor must
refund all funds received under this agreement to NYSDOT, and also pay to NYSDOT a liquidated
damage fee of 5% of the total funds received under this agreement.
13. Term of Agreement. As to the Project or projects described in Schedule(s)A, this agreement takes
effect as of the date of this Master Agreement as first above written. This agreement takes effect
consistent with the date of Project work established and described in any duly executed and approved
Schedule A or Supplements to Schedule A. Failing Project completion within the period set forth in
Schedule A or Supplements to Schedule A, or agreement by NYSDOT to extend a Project completion
date for good cause, this Agreement will expire and be of no further force or effect. This agreement
shall only remain in effect so long as Multi-Modal funding authorizations are in effect and funds are
made available pursuant to the laws controlling such authorizations and availabilities. However, if such
authorizations or availabilities lapse and are not renewed, continued or reenacted, as to funds
encumbered or available and to the extent of such encumbrances or availabilities, this agreement shall
remain in effect for the duration of such encumbrances or availabilities. Although the liquidity of
encumbrances or the availability of funds may be affected by budgetary hiatuses, a State budgetary
hiatus will not by itself be construed to lapse this agreement, provided any necessary State
appropriations or other funding authorizations therefor are eventually enacted.
14. Reporting Requirements. The Municipality/Sponsor agrees to comply with and submit to NYSDOT
in a timely manner all applicable reports required under the provisions of this Agreement and the Multi-
Modal guidelines and in accordance with current Federal and State laws, rules, and regulations.
15. Appendix A, standard provisions for all New York State Contracts, is attached hereto and is
hereby made a part of this agreement as if set forth fully herein.
16. Compliance with legal requirements. Sponsor must comply with all applicable federal, state and
local, laws, rules and regulations, including but not limited to the following:
16.1 New York State Executive Law Article 15-A, Participation by Minority Group members and
Women with Respect to State Contracts, including the requirements thereunder related to
equal employment opportunity and utilization goals for contracting opportunities for minority
and women-owned business enterprises. Sponsor's failure, to comply with Article 15-A
requirements in any of its contracts and sub-contracts funded in whole or in part by this
agreement, without prior written approval from NYSDOT approval, violates the contract and
the Department may, at its discretion: (1) cancel, terminate or suspend this agreement or
such portion of this agreement or(2) assess liquidated damages in the amount of up to 20%
of the portion of any of the Sponsor's contracts and sub-contracts funded in whole or in part
by this agreement, to which contract goals are established.
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Universal Master Municipal MM Agreement
Municipal Sponsor: Town of Southold
16.2 New York Environmental Law, Article 6, the State Smart Growth Public Infrastructure Policy
Act, including providing true, timely and accurate application information related to the
project to ensure compliance with the Act.
16.3 New York Transportation Law, Section 427, Equal employment opportunity program,
including the requirements thereunder related to equal employment opportunity and required
contract provisions for inclusion in any of the Sponsor's contracts and sub-contracts funded
in whole or in part by this agreement
17. Compliance with procedural requirements. Sponsor understands that funding is contingent upon
the Sponsor's compliance with the applicable requirements.
18. Notice Requirements.
18.1 All notices permitted or required hereunder shall be in writing and shall be transmitted
either (1) Via certified or registered United States mail, return receipt requested; (2) By
facsimile transmission; (3) By personal delivery; (4) By expedited delivery service; or(5) By
e-mail.
18.2 For all Multi-Modal Local Agreement purposes, such notices shall be addressed by the
Sponsor to the officially designated Regional Local Program Liaison (RLPL) named in
NYSDOT's initial request for a detailed Project "PIS" Application and, by NYSDOT, to the
officially designated Primary Sponsor's Contact designated by formal Legislative Project
Nomination, or to such different parties and addresses as the parties may from time-to-time
mutually agree to designate. The parties herein agree to exchange such contact
information above which shall include Organization Name, Individual Name & Title, Mailing
Address, Telephone number, Facsimile number, & E-mail address.
18.3 Any such notice shall be deemed to have been given either at the time of personal delivery
or, in the case of expedited delivery service or certified or registered United States Mail, as
of the date of first attempted delivery at the address and in the manner provided herein, or
in the case of facsimile transmission or email, upon receipt.
18.4 The parties may, from time to time, specify any new or different address in the United States
as their address for purpose of receiving notice under this Agreement by giving fifteen (15)
days written notice to the other party sent in accordance herewith. The parties agree to
mutually designate individuals as their respective representatives for the purposes of
receiving notices under this Agreement. Additional individuals may be designated in writing
by the parties for purposes of implementation and administration/billing, resolving issues
and problems and/or for dispute resolution.
6
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• I
Universal Master Municipal MM Agreement
Municipal Sponsor:Town of Southold
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IN WITNESS WHEREOF, NYSDOT has caused this Agreement to be signed by its authorized
representative and Sponsor has caused this Agreement to be signed by its duly authorized officer, to
be effective on the date first written above.
Sponsor: New York State Department of Transportation:
f �
BY: BY:
TITLE: j for the Commissioner of Transportation
Agency Certification: In addition to the acceptance of this
DATE: LQ 7 al 1 contract,I also certify the original copies of this signature
page will be attached to all other exact-co ies of t is
contract. DEC 18 2026
DATE:
Sponsor ACKNOWLEDGMENT
STATE OF NEW YORK ),
)ss.:
COUNTY OF tJ )
On this d� day of;VCfttr in the year 20Qb before me, the undersigned, personallj
appeared� !!R�of�r N7Vj-,&U3L personally known to me or proved to me on the
basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument,
a nowledged to mt, thathe is the ,5u2P,�iI��6 of the
executed such i strum
nit inhis/her capacityp want to authority
duly vested in I r by; -1 hion �4wy �i and that b is er signature on
the instrument, the individu>f, or the person upon behalf of which the individual d, executed this
instrument.
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LAUREN M.STAND151i
Notary Puw"'ate of New York Notary Public
No.01 ST6164008
Qualified in Suffolk County
Commfssion Expires April 9,2023
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APPROVED
APPROVED AS TO FORM: APPROVED DEPT.OF AUDIT&CONTROL
BY: BY: Jan 27 2021
Kelly Evers Engel
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FOR THE STATE COMPTROLLER
New York State Attorney General For the State Comptroller pursuant
to Section 112,State Finance Law
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7
Universal Master Municipal MM Agreement
Municipal Sponsor:Town of Southold
Master Municipal MULTI-MODAL Program B SCHEDULE A
(This Schedule may not be used where other Multi-Modal, State or Federal funding sources co-exist)
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1. Name of Municipal Project Owner:Town of Southold
2. Project Title: Replace,and upgrade drainage b Wolf Pit Lake b replacing catch basins and
J p pg 9 Y Y p 9 piping.
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3. MM Project ID#: OMA482.30A MM Program ID (MM#2, MM#3, or MM#4?): MM#4
4. Maximum MM Project Reimbursement(under this Agreement):$50,000.00
5. MASTER Municipal MM OSC Contract#: D040244
6. Municipal Contact:
Name/Title: i Scott Russell
Organization: ! Town of Southold
Address: PO BOX 1179,
City/State/Zip: ; Southold, NY 11971
7. Project Location: Town of Southold Route/Name: Wicham Ave
From: Mill Lane To: Wolf Pit Lake
8. Project Description/Scope: Replace and upgrade drainage by Wolf Pit Lake by replacing catch basins
and piping.
9. Project Schedule Beginning Date: 02/01/2021 Project Ending Date: 12/31/2026
10. Project Cost Summary:
4
SUMMARY COST State Multi-Modal Funding Local Funding
TOTAL: I under this Schedule A (Insert Zero if None)
$50,000.00 $50,000.00 $00.00
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11. Eligible Project Type (Please check one)
_Highway Resurfacing i _Bridge Rehabilitation _New Highway Construction _New Bridge Construction
x_ Highway Reconstruction I _Bridge Replacement _Interchange Const\Reconstruction _ Intersection Improvement
Aviation(Is this project consistent with an approved Airport Layout Plan)? _Yes _No
_Other(Please explain):
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12. Signature of responsible Local Official: Date: 10 41 axiD
13. Please print your Name&Title here: 1� J —
�c.�u�I S 6►�-
14. Please list your area code&phone number here: — [ [�� — I O
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UnivMstrMunlMMSchA.doc(9/04)
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STANDARD CLAUSES FOR HYS CONTRACTS APPEAUD(A
APPENDIX A
STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS
PLEASE RETAIN THIS DOCUMENT
9
STANDARD CLAUSES FOR NYS CONTRACTS APPEAUIXA
FOR FU'T'URE REFERENCE.
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TABLE OF CONTENTS
Page
1. Executory Clause 3
2. Non-Assignment Clause 3
3. Comptroller's Approval 3
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4. Workers' Compensation Benefits 3
5. Non-Discrimination Requirements 3
6. Wage and Hours Provisions 3
7. Non-Collusive Bidding Certification 4
8. International Boycott Prohibition 4
9. Set-Off Rights 4
10. Records 4
11. Identifying Information and Privacy Notification 4
12. Equal Employment'Opportunities For Minorities and Women 4-5
13. Conflicting Terms i 5
14. Governing Law 5
15. Late Payment 5
16. No Arbitration 5
17. Service of Process', 5
18. Prohibition on Purchase of Tropical Hardwoods 5-6
19. MacBride Fair Employment Principles 6
20. Omnibus Procurement Act of 1992 6
21. Reciprocity and Sanctions Provisions 6
22. Compliance with New York State Information Security Breach and Notification Act 6
23. Compliance with Consultant Disclosure Law 6
24. Procurement Lobbying 7
25. Certification of Registration to Collect Sales and Compensating Use Tax by Certain 7
State Contractors,Affiliates and Subcontractors
26. Iran Divestment Act 7
27. Admissibility of Contract 7
10
i
I,
STANDARD CLAUSES FOR HYS'CONTRACTS 1 RPFXDD(A
STANDARD CLAUSES FOR NYS CONTRACTS amount to a contract which, as so amended,
exceeds said statutory amount, or if, by this
The parties to the attached contract, license, contract, the State agrees to give something
lease, amendment or; other agreement of any other than money when the value or reasonably
kind (hereinafter, "the contract" or "this contract") estimated value of such consideration exceeds
agree to be bound by the following clauses which $10,000, it shall not be valid, effective or binding
are hereby made a part of the contract (the word upon the State until it has been approved by the
"Contractor" herein refers to any party other than State Comptroller and filed in his office.
the State, whether f a contractor, licenser, Comptroller's approval of contracts let by the
licensee, lessor, lessee,or any other party): Office of General Services is required when such
1 contracts exceed $85,000 (State Finance Law
1. EXECUTORY CLAUSE. In accordance with Section 163.6-a). However, such pre-approval
Section 41 of the State Finance Law, the State shall not be required for any contract established
shall have no liability under this contract to the as a centralized contract through the Office of
Contractor or to anyone else beyond funds General Services or for a purchase order or other
appropriated and available for this contract. transaction issued under such centralized
contract.
2. NON-ASSIGNMENT;CLAUSE. In accordance
with Section 138 of the State Finance Law, this 4. WORKERS' COMPENSATION BENEFITS. In
contract may not be assigned by the Contractor accordance with Section 142 of the State Finance
or its right, title or interest therein assigned, Law, this contract shall be void and of no force
transferred, conveyed, sublet or otherwise and effect unless the Contractor shall provide and
disposed of without the State's previous written maintain coverage during the life of this contract
consent, and attempts to do so are null and void. for the benefit of such employees as are required
Notwithstanding the foregoing, such prior written to be covered by the provisions of the Workers'
consent of an assignment of a contract let Compensation Law.
pursuant to Article XI of the State Finance Law
may be waived at the discretion of the contracting 5. NON-DISCRIMINATION REQUIREMENTS.
agency and with the concurrence of the State To the extent required by Article 15 of the
Comptroller where the original contract was Executive Law (also known as the Human Rights
subject to the State; Comptroller's approval, Law) and all other State and Federal statutory
where the assignment is due to a reorganization, and constitutional non-discrimination provisions,
merger or consolidation of the Contractor's the Contractor will not discriminate against any
business entity or enterprise. The State retains its employee or applicant for employment because
right to approve an assignment and to require of race, creed, color, sex (including gender
that any Contractor demonstrate its responsibility identity or expression), national origin, sexual
to do business with the State. The Contractor orientation, military status, age, disability,
may, however, assign its right to receive predisposing genetic characteristics, marital
payments without the State's prior written status or domestic violence victim status.
consent unless this contract concerns Certificates Furthermore, in accordance with Section 220-e of
of Participation pursuant to Article 5-A of the the Labor Law, if this is a contract for the
State Finance Law. construction, alteration or repair of any public
building or public work or for the manufacture,
3. COMPTROLLER'S APPROVAL. In sale or distribution of materials, equipment or
accordance with Sectiod 112 of the State Finance supplies, and to the extent that this contract shall
Law (or, if this contract is with the State be performed within the State of New York,
University or City University of New York, Section Contractor agrees that neither it nor its
355 or Section 6218 of the Education Law), if this subcontractors shall, by reason of race, creed,
contract exceeds $50,000 (or the minimum color, disability, sex, or national origin: (a)
thresholds agreed to by the Office of the State discriminate in hiring against any New York State
Comptroller for certain i S.U.N.Y. and C.U.N.Y. citizen who is qualified and available to perform
contracts), or if this is an amendment for any the work; or (b) discriminate against or intimidate
11
any employee hired for the performance of work
under this contract. If this is a building service 8. INTERNATIONAL BOYCOTT PROHIBITION.
contract as defined in Section 230 of the Labor In accordance with Section 220-f of the Labor
Law, then, in accordance with Section 239 Law and Section 139-h of the State Finance Law,
thereof, Contractor agrees that neither it nor its if this contract exceeds $5,000, the Contractor
subcontractors shall by reason of race, creed, agrees, as a material condition of the contract,
color, national origin, age, sex or disability: (a) that neither the Contractor nor any substantially
discriminate in hiring against any New York State owned or affiliated person, firm, partnership or
citizen who is qualified and available to perform corporation has participated, is participating, or
the work; or (b) discriminate against or intimidate shall participate in an international boycott in
any employee hired for the performance of work violation of the federal Export Administration Act
under this contract. Contractor is subject to fines of 1979 (50 USC App. Sections 2401 et seq.) or
of $50.00 per person per day for any violation of regulations thereunder. If such Contractor, or
Section 220-e or Section 239 as well as possible any of the aforesaid affiliates of Contractor, is
termination of this contract and forfeiture of all convicted or is otherwise found to have violated
moneys due hereunder for a second or said laws or regulations upon the final
subsequent violation. determination of the United States Commerce
Department or any other appropriate agency of
6. WAGE AND HOURS PROVISIONS. If this is the United States subsequent to the contract's
a public work contract covered by Article 8 of the execution, such contract, amendment or
Labor Law or a building service contract covered modification thereto shall be rendered forfeit and
by Article 9 thereof, neither Contractor's void. The Contractor shall so notify the State
employees nor the employees of its Comptroller within five (5) business days of such
subcontractors may be required or permitted to conviction, determination or disposition of appeal
work more than the number of hours or days (2NYCRR 105.4).
stated in said statutes, except as otherwise
provided in the Labor Law and as set forth in 9. SET-OFF RIGHTS. The State shall have all of
prevailing wage and supplement schedules its common law, equitable and statutory rights of
issued by the State Labor Department. set-off. These rights shall include, but not be
Furthermore, Contractor and its subcontractors limited to, the State's option to withhold for the
must pay at least the!prevailing wage rate and purposes of set-off any moneys due to the
pay or provide the prevailing supplements, Contractor under this contract up to any amounts
including the premium rates for overtime pay, as due and-owing to the State with regard to this
determined by the State Labor Department in contract, any other contract with any State
accordance with the Labor Law. Additionally, department or agency, including any contract for
effective April 28, 2008, if this is a public work a term commencing prior to the term of this
contract covered by Article 8 of the Labor Law, contract, plus any amounts due and owing to the
the Contractor understands and agrees that the State for any other reason including, without
filing of payrolls in a manner consistent with limitation, tax delinquencies, fee delinquencies or
Subdivision 3-a of Section 220 of the Labor Law monetary penalties relative thereto. The State
shall be a condition precedent to payment by the shall exercise its set-off rights in accordance with
State of any State approved sums due and owing normal State practices including, in cases of set-
for work done upon the project. off pursuant to an audit, the finalization of such
audit by the State agency, its representatives, or
7. NON-COLLUSIVE BIDDING the State Comptroller.
CERTIFICATION. In ;accordance with Section
139-d of the State Finance Law, if this contract 10. RECORDS. The Contractor shall establish
was awarded based upon the submission of bids, and maintain complete and accurate books,
Contractor affirms, under penalty of perjury, that records, documents, accounts and other
its bid was arrived at independently and without evidence directly pertinent to performance under
collusion aimed at ; restricting competition. this contract (hereinafter, collectively, "the
Contractor further affirms that, at the time Records"). The Records must be kept for the
Contractor submitted its bid, an authorized and balance of the calendar year in which they were
responsible person executed and delivered to the made and for six (6) additional years thereafter.
State a non-collusive' bidding certification on The State Comptroller, the Attorney General and
Contractor's behalf. any other person or entity authorized to conduct
12 october,2019
an examination, as well as the agency or identify persons affected by the taxes
agencies involved in' this contract, shall have administered by the Commissioner of Taxation
access to the Records during normal business and Finance. The information will be used for tax
hours at an office of,the Contractor within the administration purposes and for any other
State of New York ;or, if no such office is purpose authorized by law. (2) The personal
available, at a mutually agreeable and information is requested by the purchasing unit of
reasonable venue within the State, for the term the agency contracting to purchase the goods or
specified above for the purposes of inspection, services or lease the real or personal property
auditing and copying. The State shall take covered by this contract or lease. The information
reasonable steps to protect from public disclosure is maintained in the Statewide Financial System
any of the Records -which are exempt from by the Vendor Management Unit within the
disclosure under Section 87 of the Public Officers Bureau of State Expenditures, Office of the State
Law (the "Statute") ;provided that: (i) the Comptroller, 110 State Street, Albany, New York
Contractor shall timely inform an appropriate 12236.
State official, in writing, that said records should
not be disclosed; and:(ii) said records shall be 12. EQUAL EMPLOYMENT OPPORTUNITIES
sufficiently identified; and (iii) designation of said FOR MINORITIES AND WOMEN. In accordance
records as exempt ; under the Statute is with Section 312 of the Executive Law and 5
reasonable. Nothing contained herein shall NYCRR 143, if this contract is: (i) a written
diminish, or in any way adversely affect, the agreement or purchase order instrument,
State's right to discovery in any pending or future providing for a total expenditure in excess of
litigation. $25,000.00, whereby a contracting agency is
committed to expend or does expend funds in
11. IDENTIFYING INFORMATION AND return for labor, services, supplies, equipment,
PRIVACY NOTIFICATION. (a) Identification materials or any combination of the foregoing, to
Number(s). Every invoice or New York State be performed for, or rendered or furnished to the
Claim for Payment submitted to a New York State contracting agency; or (ii) a written agreement in
agency by a payee, for payment for the sale of excess of $100,000.00 whereby a contracting
goods or services or for transactions (e.g., agency is committed to expend or does expend
leases, easements, licenses, etc.) related to real funds for the acquisition, construction, demolition,
or personal property must include the payee's replacement, major repair or renovation of real
identification number. The number is any or all of property and improvements thereon; or (iii) a
the following: (i) the payee's Federal employer written agreement in excess of $100,000.00
identification number, '(ii) the payee's Federal whereby the owner of a State assisted housing
social security number, and/or (iii) the payee's project is committed to expend or does expend
Vendor Identification Number assigned by the funds for the acquisition, construction, demolition,
Statewide Financial System. Failure to include replacement, major repair or renovation of real
such number or numbers may delay payment. property and improvements thereon for such
Where the payee does not have such number or project, then the following shall apply and by
numbers, the payee, on its invoice or Claim for signing this agreement the Contractor certifies
Payment, must give the reason or reasons why and affirms that it is Contractor's equal
the payee does not have such number or employment opportunity policy that:
numbers.
(a) The Contractor will not discriminate against
(b) Privacy Notification. (1) The authority to employees or applicants for employment because
request the above personal information from a of race, creed, color, national origin, sex, age,
seller of goods or services or a lessor of real or disability or marital status, shall make and
personal property, and ,the authority to maintain document its conscientious and active efforts to
such information, is found in Section 5 of the employ and utilize minority group members and
State Tax Law. Disclosure of this information by women in its work force on State contracts and
the seller or lessor to the State is mandatory. The will undertake or continue existing programs of
principal purpose for which the information is affirmative action to ensure that minority group
collected is to enable the State to identify members and women are afforded equal
individuals, businesses and others who have employment opportunities without discrimination.
been delinquent in filing tax returns or may have Affirmative action shall mean recruitment,
understated their tax liabilities and to generally employment, job assignment, promotion,
13 october, 2019
upgradings, demotion, transfer, layoff, or termina- Appendix A, the terms of this Appendix A shall
tion and rates of pay or other forms of control.
compensation;
14. GOVERNING LAW. This contract shall be
(b) at the request of the contracting agency, the governed by the laws of the State of New York
Contractor shall request each employment except where the Federal supremacy clause
agency, labor union, or authorized representative requires otherwise.
of workers with which it has a collective
bargaining or other agreement or understanding, 15. LATE PAYMENT. Timeliness of payment
to furnish a written statement that such and any interest to be paid to Contractor for late
employment agency, labor union or payment shall be governed by Article 11-A of the
representative will not discriminate on the basis State Finance Law to the extent required by law.
of race, creed, color, national origin, sex, age,
disability or marital status and that such union or 16. NO ARBITRATION. Disputes involving this
representative will affirmatively cooperate in the contract, including the breach or alleged breach
implementation of the Contractor's obligations thereof, may not be submitted to binding
herein; and arbitration (except where statutorily authorized),
but must, instead, be heard in a court of
(c) the Contractor shall state, in all solicitations competent jurisdiction of the State of New York.
or advertisements for, employees, that, in the
performance of the State contract, all qualified 17. SERVICE OF PROCESS. In addition to the
applicants will be afforded equal employment methods of service allowed by the State Civil
opportunities without discrimination because of Practice Law & Rules ("CPLR"), Contractor
race, creed, color, national origin, sex, age, hereby consents to service of process upon it by
disability or marital status. registered or certified mail, return receipt
requested. Service hereunder shall-be complete
Contractor will include the provisions of "a", "b", upon Contractor's actual receipt of process or
and "c" above, in every subcontract over upon the State's receipt of the return thereof by
$25,000.00 for the construction, demolition, the United States Postal Service as refused or
replacement, major repair, renovation, planning undeliverable. Contractor must promptly notify
or design of real property and improvements the State, in writing, of each and every change of
thereon (the"Work") except where the Work is for address to which service of process can be
the beneficial use of the Contractor. Section 312 made. Service by the State to the last known
does not apply to: (i) work, goods or services address shall be sufficient. Contractor will have
unrelated to this contract; or (ii) employment thirty (30) calendar days after service hereunder
outside New York State: The State shall consider is complete in which to respond.
compliance by a contractor or subcontractor with
the requirements of any federal law concerning 18. PROHIBITION ON PURCHASE OF
equal employment opportunity which effectuates TROPICAL HARDWOODS. The Contractor
the purpose of this section. The contracting certifies and warrants that all wood products to be
agency shall determine whether the imposition of used under this contract award will be in
the requirements of the provisions hereof accordance with, but not limited to, the specifica-
duplicate or conflict with:any such federal law and tions and provisions of Section 165 of the State
if such duplication or conflict exists, the Finance Law, (Use of Tropical Hardwoods) which
contracting agency shall waive the applicability of prohibits purchase and use of tropical
Section 312 to the extent of such duplication or hardwoods, unless specifically exempted, by the
conflict. Contractor will comply with all duly State or any governmental agency or political
promulgated and lawful'rules and regulations of subdivision or public benefit corporation.
the Department of Economic Development's Qualification for an exemption under this law will
Division of Minority and Women's Business be the responsibility of the contractor to establish
Development pertaining hereto. to meet with the approval of the State.
13. CONFLICTING TERMS. In the event of a In addition, when any portion of this contract
conflict between the terms of the contract involving the use of woods, whether supply or
(including' any and all attachments thereto and installation, is to be performed by any
amendments thereof) and the terms of this subcontractor, the prime Contractor will indicate
14 october,2019
1
and certify in the submitted bid proposal that the https://nv.newnycontracts.com/FrontEndNend
subcontractor has been informed and is in orSearchPublic.asp
compliance with specifications and provisions
regarding use of tropical hardwoods as detailed The Omnibus Procurement Act of 1992 requires
in §165 State Finance Law. Any such use must that by signing this bid proposal or contract, as
meet with the approval of the State; otherwise, applicable, Contractors certify that whenever the
the bid may not be considered responsive. Under total bid amount is greater than $1 million:
bidder certifications, 'proof of qualification for
exemption will be the responsibility of the (a) The Contractor has made reasonable efforts
Contractor to meet with the approval of the State. to encourage the participation of New York State
Business Enterprises as suppliers and
19. MACBRIDE ! FAIR EMPLOYMENT subcontractors, including certified minority and
PRINCIPLES (APPLICABLE ONLY IN NOW women-owned business enterprises, on this
FEDERAL AID NEW YORK STATE project, and has retained the documentation of
CONTRACTS). In accordance with the MacBride these efforts to be provided upon request to the
Fair Employment Principles (Chapter 807 of the State;
Laws of 1992), the Contractor hereby stipulates
that the Contractor either (a) has no business (b) The Contractor has complied with the Federal
operations in Northern! Ireland, or (b) shall take Equal Opportunity Act of 1972 (P.L. 92-261), as
lawful steps in good faith to conduct any business amended;
operations in Northern Ireland in accordance with
the MacBride Fair Employment Principles (as (c) The Contractor agrees to make reasonable
described in Section 165 of the New York State efforts to provide notification to New York State
Finance Law), and shall permit independent residents of employment opportunities on this
monitoring of compliance with such principles. project through listing any such positions with the
Job Service Division of the New York State
20. OMNIBUS PROCUREMENT ACT OF 1992 Department of Labor, or providing such
(APPLICABLE ONLY IN NON-FEDERAL AID notification in such manner as is consistent with
NEW YORK STATE CONTRACTS). It is the existing collective bargaining contracts or
policy of New York State to maximize agreements. The Contractor agrees to document
opportunities for the participation of New York these efforts and to provide said documentation
State business enterprises, including minority and to the State upon request; and
women-owned business enterprises as bidders,
subcontractors and suppliers on its procurement (d) The Contractor acknowledges notice that the
contracts. State may seek to obtain offset credits from
foreign countries as a result of this contract and
Information on the availability of New York State agrees to cooperate with the State in these
subcontractors and suppliers is available from: efforts.
NYS Department of Economic Development 21. RECIPROCITY AND SANCTIONS
Division for Small Business PROVISIONS. Bidders are hereby notified that if
Albany, New York 12245 their principal place of business is located in a
Telephone: 518-29215100 country, nation, province, state or political
Fax: 518-292-5884 subdivision that penalizes New York State
email: opa(abesd.ny.gov vendors, and if the goods or services they offer
will be substantially produced or performed
A directory of certified minority and women- outside New York State, the Omnibus
owned business enterprises is available from: Procurement Act 1994 and 2000 amendments
j (Chapter 684 and Chapter 383, respectively)
NYS Department of Economic Development require that they be denied contracts which they
Division of Minority and Women's Business would otherwise obtain. NOTE: As of May 15,
Development 2002, the ,list of discriminatory jurisdictions
633 Third Avenue subject to this provision includes the states of
New York, NY 10017' South Carolina, Alaska, West Virginia, Wyoming,
212-803-2414 Louisiana and Hawaii. Contact NYS Department
email: mwbecertification(d-)esd.ny.gov of Economic Development for a current list of
j 15 october, 2019
jurisdictions subject to this provision. in accordance with the terms of the agreement, if
the covered agency determines that such action
22. COMPLIANCE WITH NEW YORK STATE is in the best interest of the State.
INFORMATION SECURITY BREACH AND
NOTIFICATION ACT. Contractor shall comply 26. IRAN DIVESTMENT ACT. By entering into
with the provisions of the New York State this Agreement, Contractor certifies in
Information Security Beach and Notification Act accordance with State Finance Law§165-a that it
(General Business Law Section 899-aa; State is not on the"Entities Determined to be Non-
Technology Law Section 208). Responsive Bidders/Offerers pursuant to the New
i York State Iran Divestment Act of 2012"
23. COMPLIANCE ' WITH CONSULTANT ("Prohibited Entities List") posted at:
DISCLOSURE LAW. !If this is a contract for http://www.ogs.nv.qov/about/regs/docs/ListofEntit
consulting services, defined for purposes of this ies.pdf
requirement to include analysis, evaluation,
research, training, data processing, computer Contractor further certifies that it will not utilize on
programming, engineering, environmental, this Contract any subcontractor that is identified
health, and mental health services, accounting, on the Prohibited Entities List. Contractor agrees
auditing, paralegal, legal or similar services, then, that should it seek to renew or extend this
in accordance with Section 163 (4-g) of the State Contract, it must provide the same certification at
Finance Law (as amended by Chapter 10 of the the time the Contract is renewed or extended.
Laws of 2006), the >Contractor shall timely, Contractor also agrees that any proposed
accurately and properly comply with the Assignee of this Contract will be required to
requirement to submit an annual employment certify that it is not on the Prohibited Entities List
report for the contract to the,agency that awarded before the contract assignment will be approved
the contract, the Department of Civil Service and by the State.
the State Comptroller.
I During the term of the Contract, should the state
24. PROCUREMENT LOBBYING. To the extent agency receive information that a person (as
this agreement is a "procurement contract" as defined in State Finance Law §165-a) is in
defined by violation of the above-referenced certifications,
State Finance Law Sections 139-j and 139-k, by the state agency will review such information and
signing this agreement the contractor certifies offer the person an opportunity to respond. If the
and affirms that all' disclosures made in person fails to demonstrate that it has ceased its
accordance with State Finance Law Sections engagement in the investment activity which is in
139-j and 139-k are complete, true and accurate. violation of the Act within 90 days after the
In the event such certification is found to be determination of such violation, then the state
intentionally false or intentionally incomplete, the agency shall take such action as may be
State may terminate the agreement by providing appropriate and provided for by law, rule, or
written notification to the Contractor in contract, including; but not limited to, imposing
accordance with the terms of the agreement. sanctions, seeking compliance, recovering
damages, or declaring the Contractor in default.
25. CERTIFICATION OF REGISTRATION TO
COLLECT SALES AND COMPENSATING USE The state agency reserves the right to reject any
TAX BY CERTAIN STATE CONTRACTORS, bid, request for assignment, renewal or extension
AFFILIATES AND SUBCONTRACTORS. for an entity that appears on the Prohibited
To the extent this agreement is a contract as Entities List prior to the award, assignment,
defined by Tax Law Section 5-a, if the contractor renewal or extension of a contract, and to pursue
fails to make the certification required by Tax Law a responsibility review with respect to any entity
Section 5-a or if during{the term of the contract, that is awarded a contract and appears on the
the Department of Taxation and Finance or the Prohibited Entities list after contract award.
covered agency, as defined by Tax Law 5-a,
discovers that the certification, made under 27. ADMISSIBILITY OF REPRODUCTION OF
penalty of perjury, is false, then such failure to file CONTRACT. Notwithstanding the best evidence rule
or false certification shall be a material breach of or any other legal principle or rule of evidence to the
this contract and this contract may be terminated, contrary, 'the Contractor acknowledges and agrees
by providing written notification to the Contractor that it waives any and all objections to the admissibility
into evidence at any court proceeding or to the use at
16 october,2019
any examination before trial of an electronic
reproduction of this contract, in the form approved by
the State Comptroller, if such approval was required,
regardless of whether the original of said contract is in
existence.
17 October, 2019
APPENDIX A-1: SUPPLEMENTAL TITLE VI PROVISIONS (CIVIL RIGHTS ACT)
To be included in all contracts
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest(hereinafter referred to as the "contractor") agrees as follows:
(1) Compliance with i Regulations: The contractor shall comply with the Regulation relative to
nondiscrimination in Federally-assisted programs of the Department of Transportation of the
United States, Title 49, Code of Federal Regulations, Part 21, and the Federal Highway
Administration (hereinafter "FHWA") Title 23, Code of Federal Regulations, Part 200 as they may
be amended from time to time, (hereinafter referred to as the Regulations), which are herein
incorporated by reference and made a part of this contract.
(2) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract,
shall not discriminate on the grounds of race, color, or national origin, sex, age, and
disability/handicap :in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The contractor shall not participate either directly or indirectly
in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix B of the Regulations.
(3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under a 'subcontract, including procurements of materials or leases of equipment, each
potiential subcontactor or supplier shall be notified by the contractor of the contractor's obligations
under this contract and the Regulations relative to nondiscrimination on the grounds of race, color,
or national origin, sex, age, and disability/handicap.
(4) Information and Reports: The contractor shall provide all information and reports required by the
Regulations or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by NYSDOT or the
FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions.
Where any information required of a contractor is in the exclusive possession of another who fails
or refuses to furnish this information the contractor shall so certify to NYSDOT's Office of Civil
Rights or FHWA, as appropriate, and shall set forth what efforts it has made to obtain the
information.
(5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, NYSDOT shall impose such contract sanctions as it
or the FHWA may determine to be appropriate, including, but not limited to:
(a.)withholding of payments to the contractor under the contract until the contractor complies,
and/or '
(b.)cancellation, termination or suspension of the contract, in whole or in part.
(6) Incorportation of Provisions: The contractor shall include the provisions of paragraphs (1)
through (6) in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Regulations, or directives issued pursuant thereto.
The contractor shall take such action with respect to any subcontract or procurement as NYSDOT or
the FHWA may direct, as a means of enforcing such provisions including sanctions for non-
compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request
NYSDOT to enter into: such litigation to protect the interests of NYSDOT, and, in addition, the
contractor may request the United States to enter into such litigation to protect the interests of the
United States.
December 2012
4—
v
Mirabelli, Melissa
From: Afrooz,Tahmena (DOT) <Tahmena.Afrooz@dot.ny.gov>
Sent: j Wednesday, February 10, 2021 1:34 PM
To: Noncarrow, Denis
Cc: Mirabelli, Melissa
Subject: RE: Southold-OMA482.30A-Contract approved
9
Hi Denis,
The subject project has been approved by Albany.
I wanted to send an approved contract to the village.
i
Should I send it to Scott Russel to PO BOX 1179 or you are going to provide me with an address to send the contract out?
I am here till 3 pm today. Please let me know asap.
Thanks,
Tahmena
Ph. 631-952-6026 (Wednesdays 7am to 3 pm.)
From: Noncarrow, Denis<denisn'@southoldtownny.gov>
Sent:Thursday,January 14, 2021!11:58 AM
To:Afrooz,Tahmena (DOT)<Tahmena.Afrooz@dot.ny.gov>
Cc: Mirabelli, Melissa<melissam@southoldtownny.gov>
Subject: RE:Southold-OMA482.36A
„''` r`K '
.� ,;tib, •, r'��nu� r„� �� �� �< ��°,�� t� �� s ��; � «�fb��,�;: .��'.���s,. _ ,"���:
We understand.Thank you Tahmena
Denis Noncarrow
Government Liasion Officer
Town of Southold, New York
www.southoldtownn y.gov
denisn@southoldtownnygov_
631-765-5806
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged
information. It is solely for the use;of the intended recipient(s). Unauthorized interception, review, use or disclosure is
prohibited and may violate applicable laws including the Electronic Communications Privacy Act If you are not the
intended recipient, please contact;the sender and destroy all copies of the communication
f
From:Afrooz,Tahmena (DOT) [mailto:Tahmena.Afrooz@dot.nv.gov]
Sent:Thursday,January 14, 2021 11:48 AM
To: Noncarrow, Denis<denisn@southoldtownny.gov>
Cc: Mirabelli, Melissa <melissam'@southoldtownny.gov>
Subject: Re:Southold-OMA482.30A
Thanks for reaching out to me, Denis. I'm doing well and hope you're too.
Unfortunately, Albany didn't send me the approved contract yet. I will contact you with the copy of an approved
contract as soon as I receive them from Albany.
i
Thanks,
Tahmena
From: Noncarrow, Denis<denisn'@southoldtownny.gov>
Sent:Thursday,January 14, 202T 11:37 AM
To:Afrooz,Tahmena (DOT)<Tahmena.Afrooz@dot.ny,gov>
Cc: Mirabelli, Melissa<melissam@southoldtownny.gov>
Subject: RE:Southold-OMA482.30A
� � .' • o s p e ® "®a m e a s °e ® � c e � e e o o r_.��s
HI Tahmena
Happy New Year. I hope you are well.Just checking in to see if you heard anything on that Southold Grant. I know things
have been moving slow due to COVID.
I thank you for all your help with this.
Have a great day
Denis Noncarrow
Government Liasion Officer
Town of Southold, New York
www.southoldtownny.gov
denisn@southoldtownny.gov
631-765-5806
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged
information. It is solely for the useiof the intended recipient(s). Unauthorized interception, review, use or disclosure is
prohibited and may violate applicable laws including the Electronic Communications Privacy Act If you are not the
intended recipient, please contact the sender and destroy all copies of the communication.
From:Afrooz,Tahmena (DOT) [mailto:Tahmena.Afrooz@dot.ny.gov]
Sent: Monday, December 14, 202010:02 AM
To: Noncarrow, Denis<denisn@southoldtownny.gov>
Cc: Mirabelli, Melissa<melissam@southoldtownny.gov>
Subject: RE:Southold-OMA482.30A
Good morning, Denis,
Thanks for reaching out to me.The contract is with Albany for approval. I will ask them for a status update and will get
back to you with their response.
Thanks,
Tahmena
2
From: Noncarrow, Denis<denisn@southoldtownny.gov>
Sent: Friday, December 11, 2020 2:21 PM
To:Afrooz,Tahmena (DOT)<Tahmena.Afrooz@dot.ny.gov>
Cc: Mirabelli, Melissa<melissam@southoldtownny.gov>
Subject: Southold j
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Hi Tahmena
I hope you are doing good.just checking if you have heard anything about that contract. I know everyone is doing
different things.
Thank you for sure.
Happy Holidays.
i
Denis Noncarrow
Government Liasion Officer
Town of Southold, New York
www.southoldtownny.aov j
denisn @southoldtownn y.gov
631-765-5806
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged
information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is
prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the
intended recipient, please contact the sender and destroy all copies of the communication.
,I
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