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NYS.DOS.LWRP C006213
[~TATE AGENCY (Name and Address): NY$ Deparrmalt of State 41 State Strut Albany, NY 12231-0001 CONTRACTOR (Name and Address): Town of Southold Tov~n Hall, 53095 Main Road PO Box 1179 Southold: NY 11971 I NYS COMI~TROLLER'S #: C006213 ORIC~,.,.AGENCY CODE:, ,,. 19000 TYPE OF PROGRAM: ~nvironmental Protect/on Fund Act ISTATE SHARE FUNDING A~IOUN~ FOR INITIAL PERIOD $50,000.00 LOCAL SHARE FUND~G AMOUNT FOR INITIAL PERIOD $$0~000.00 IFEDERAL TAX IDENTIFICATION NUMBER: 11-6001939 MUNICIPALITY # APPENDICES ATTACHED TO AND PART OF THIS AGREEMENT APPENDIX A: Standard clauses as required by the Attorney General for all state contracts APPENDIX A1 Including Attachments 1, 2, & 3 thereto: Agency-specific clauses APPENDIX B: Budget APPENDIX C: Payment and Reporting Schedule APPENDIX D: Progvzm Workplan APPENDIX X: Modification A. gr¢cment Form (to accorr~any modified appendices for change~ in term or c, onsidcra~oli on an existing period or for rcnewsl periods) . lin WITNESS THEtL~OF, the p~rties hereto hav~ executed or approved this AGREEMENT on thc dates below their signatm'es. CONTRACTOR Town of Soulhold. 'B: /~ ~ Y /oshua Y. Horton Title: Supervisor, Southold Town Dat~: 5/29/03 Contract No. C006213 STATE AGENCY: New York State Depm'tment of State Title: "" ~.= o .,, :t,...=aO~" S~ Agency C~ca~on page ~1 be a~ched ~ all o~ ~ copies of t~s o~ct." ACKNOWLEDGMENT State of New York · County of Suffolk Ontl0is 29th dayof Joshua Y. Horton hefshe/th~y'rcside(s) in May _~, 20 03, before me personally came to mc k~own, who. being by me duly swora, did depose and say that Southold Town (ifthe place of reside/is in a city, include the street and s~et number, if any, th~reoF)i that hedshe/they is(~r¢) thc Supervisor (title of officer or employee) of thc Town of Southold (name of muuleipsI corporation), descn'bed in ~md which executed the above inatrum~nt; and that he/she/they sig~ned his/her/their name(s) thereto by authorffy of the gowming body of said municipal corporation. i ~ MELANIE DOROSKI fiD. 0t0046a4870 _ ~ual~ in Suffa~kOeunty N OT)ARY PUBLIC ATTORNEY GENERAL'S SIGNATURE: Date: J ,i . / ..:-. "'; -~ir.~. ':',.,',,:; ... , '"--,4.~.'. ', Approved: AlanO. H~ve Comptroller By: Date: APPROVED DEPT. OF AUDIT ~ CO~ROL SEP · FOR THE STATE COMPTROLLER S3OMI~OS-~M q~IS~OO STATE O1; NEW YORK AGREEMENT The AGREEMENT is hereby rhode by and between the State of N~w York agency (STATE) and the public or pti'veto ~.§eney (COiN i ~.CTOR) identhqed on the face p~.ge hereof. WITNESSETH: WHEREAS, the STATE has the authority to regulate and provide funding for the establishrncnt and operation of program services and desires to contract with skilled perties possessing the necessary resources to provide such serv/ces; and WklI~KBAS, thc CONTKACTOK is ready, willing and able to provide such program .qe~ices ~tl possesses or can rnak~ available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services r~quircd pursuant to the terms of this AGREEMENT; NOW, THEKBFOKB~ in consideration of the promises, responsibilities and covenants herein, thc STATE and the CONTRACTOK agree as follows: I. Conditions of A~emen~ A. This AGR~BMBIqT may consist of successive periods (PBRIOD), as specified within the AGKEBMENT er within ~ subsequent Modification Agreement(s) (Appendix X). Each additional or superseding PERIOD shal] be on the forms specified by thc particular State agency, and shall be incorporated into this AGREEMENT. B. Funding for the first PBRIOD shall not gxeeed the funding amount speeffled on the face page hereof. Ftmding for each subsequent PERIOD, if any, shall not exceed the aniouut specified in the appropriate appendix for that PERIOD- C. This AGILEEM]~NT incorporate~ the face pages attached and all of the marked appendices identified on the face page bm-col. D. For each succeeding PERIOD of the AGREEMENT, the parties shall prepare new appendices, to thc extent that any require modification, mad a Modification Agreement (the attached Appendix X is the blank form to be used). Any terms of this AGREEMENT not modified shall remain in effect for each PERIOD of the A(~,EBM-~. To modify the AGREEMENT within an existing PERIOD the parties shall revise or complete the appropriate appendix ibm(s). Any change in the amount of consideration to be paid, or change in the term, is subject to the approval of the Office of the State Comptroller. Any other modifications shall be processed in accordance with agency guidelines as s~ated in Appendix Al. E. The CONTIL~CTOR shall perform all services to the satisfac~un of the STATE. The CON I mA. CTOR shall provide services and meet the program objectives summarized in the Program Workplan (Appendix D) in accordance with: provisions of the AGREEMENT; relevant laws, rules and regulations, administrative and fiscal guidelines; and where applicable, operating certificates for f~cilitie~ or licenses for an acfi~ity or program. F. If thc CONTRACTOR enters into subcontracts for thc performance of work pursuant to this AGREEMENT, the CONTRACTOR shall take full responsibility for the acts and omissions of its SBO~qOSB~ 9~ISVOO 6q 2 subcon~racters, Nothing in the subcom~ract shall impair the rights of the STATE unde~ ~is AGREEMENT. N~ contraoin~l relaIionship shall b~ deemed to exist between the subco~.tra~or a~d the STATE. G, Appendix A. ($~ndard Clauses s~ required by the Attorney G~eral for all Sta~e conira~ts) takes precedence over all oth~r pm~ of the AGREEIvIENT. II. Payment and ReoortinR A. The CONTRACTOR, to be eligible for payment, shall submit tn the STATE's designated payment office (identified in Appendix C) any appropriate documentation as required by the Payment end Repordng Schedule (Appendix C) and by ag*ney fiscal guideline, in a manner acceptable to the STATE. B. The STATE shall make payments and any reconciliations in accordance with the Payment and Reporting Schedule (Appendix C). The STATE shall pay the CONTRACTOi~ in consideration of contract services for a gSven PERIOD, a sum not to exceed thc amotmt noted on the face page hereof er in the respective Appendix designating tl~ payment amount for that given PERIOD. This sum shall not duplicate m'imbursemont from other sources/'or CONTRACTOP. costs and services provided pursuant to this AGREEMENT, C, The CONTRACTOR shall meet the audit r~quirements specified by the STATE. IH. Terminations, A, This AGREEMENT may be terminated at any time upon mutual writt~ consent of the STATE and the CONTRACTOR- B. The STATE may t~m~i.nate the AGREEMENT immediately7 upon written notice of termination to the CONTRACTOI~ if the CONTRACTOR fats to comply with thc terms and conditions of this AGREEMENT and/or with any laws, rules, regulations, policies or procedures affecting this AGREEMENT. C. The STATE may also terminate this AGREEMI~NT for any te~son in a~cordance with provisions set forth/n Appendix Al, D. Written notice oftermination, where required, shall be sent by personal messenger service or by certified mail, return receipt requested. The terrmrmtion shah be effective in accordance with terms of the notice. E- Upon receipt of notice of termination, [he CONTRACTOR shall cancel, prior to the effectiw date of any prospective term/nation, all outstanding obligations, and agrees not to incur any new obligations after receipt of the notice without approval by the STATE. F. The STATE shall be responsible for payment on claims pursuant m services provided and costs incurred pursuant to terms of the AGPd~EMENT. tn no event shall the STATE be liable for expenses and obligations arising from the program(s) in this AGREEMENT after the termination date. IV. Indemnification A. The CONTRACTOR shall be solely responsible and answembk in damages for any and all aeeidem and/or injuries to person (including death) or properg~ arising out of or related to the services to be rendered by the CONTRACTOR or its subeentmctors pursuant to this AGREEMENT. The CONTKACTOR shall indemnify and hold harmless the STATE and its officers and employees from claims, suits, actions, damages and costs of evet3r nature arising out of the provision of' services pursuant to this AGREEMBNT. 3 B. The CONTKACTOR {s an independ .ent contractor and may neither hold itself out nor claim to be an officer, employee or subdivision of the STATE nor make any claim, demand or application to or for any right based upon any different status. Any equipment, furniture, supplies or other property purchased pursuant to this AGREEMENT is d¢cracd to be the proper'fy of thc STATE except as ma}, otherwise be governed by Federal or State laws, rules or regulations, or ~s stated in Appendix Al. VI. Safeguards for.Services and Confid~ntlality A. Services performed pursuant to this AG~ are secular in nature arid shall be pcrI'onnexi in a manner that does not diserirnin~te on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious'beliefs. B. Funds provided pursuant to this AGREEMENT shall not be used for any partisan political activity, or for activities that may influence legislation or the election or defeat of any candidate for public office. C- Information relating to individuals who nmy receive services pursuant to this AGREI~MENT shall be maintained and used only for the purposes intended under the Agreement and/n confonn/ty with applicable provisions of laws and regulations, or specified in Appandix Al. APPENDIX A Standard Clauses for Ail New York State Contracts The parties to the attached conWach license, loaze, amendment or other agreement of any kind (hereinafter, "the contract" or "this conl~ct") a~c~ to bc bound by the following clauses which ere heraby made a pa~t of the conwact (thc word "Con.rotor" herein refers to any pa~ othee than thc State= whether a coniractor, licenser, liconse¢, lessor, lessee or any other party): 1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finmace I-~w, tho State shall have no Iiability under thio contract to thc Conwactor or to anyone dso beyond funds appropriated and avai)able for this contract 2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not he assigned by the Contractor or its fight, rifle or interest therein assigned, transferred conveyed, sublet ar oth~vwis~ disposed of without the previous consent, in writing, of the State m~d any attempts to assign the con,'act without the State's written consent are null and void The Contractor may, however, assign its right to receive payment without the State's prior written consent unless this contract concerns Co~ficates oiPar~icipation pursuant to Article 5~A of the State Finance law. 3. COMPTROLLER'S APPROVAL In accordance with Section 112 of the State Finance Law (or, if this cuntract is with the State University or City University of New York, Section 355 or Section 6218 of the Education Law), if this contract exceeds $15,000 (or the minimum thresholds agreed to by the Office of the State Comptroller for cra'rain S.U.N.Y. and C.U.N.Y. contracts), or if this is an ~mendment for any amount to a contract which, as so amended, exceeds said statu~o~, amount, or if, by this cuntract~ ti~ State a~rccs to ~ive something oth~r than money when the value or r~ason~bly est/mated value of such consideration exceeds $10,000, it shall notbe valid, effective or binding upon the State until it has b~n approved by thc State Comptroller and filed in his office. 4, WORKERS' COMPENSATION BENEFITS. In accorchnco with Section 142 of the State Fimance Law, · is contract shall be void and of no force and effect unless the Contractor shall provide and mainta/n coverage during the life of this contract for the b~nefit of such ~rnployces as are required to be covered by the provisions of the Workers' Compensation Law. 5. NON-DISCRI/VlINATION REOUIREMENTS In accordance with Article 15 of the Executive Law (also known as tile Human Ri~is Law) and ~ll other State and Federal ~atutor7 and constitutional non-diserimln~tion provisions, the Contractor will not discfm~u~te against any employee or applicant for employment because of race, creed, color, sex, national orig/n, ag~, disability or marital status. Furth~n-nore, in accordance with Section 220-e of the Labor I~w, if this is a contract for the constzuction, alteration or repair of any public b~Ming or public work or for the manufactur¢5 s~lc or di~k~'bution of n-~terials, equipnm, nt or supplies, and to the ©Xtent that this contract shall bc performed within the State of N~w York, Contractor agrees that neith~ it nor its subcontractors shall, by mason of race, c~¢d, color, disability, sex, or national origin: is) discr/min~te in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contr~t as defined/n Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees tha~ neither it nor its subcontractors shall by reason of race, creed, color, ~tationsl origin, ng¢~ sex, or disability: ia) discriminate in h/ring against any New York State citizen who is qualified and available to perform the work; or (b) discrimir~te gga/nst or intimidate any employe~ h/red for thc performance of work under th/s contract. Contractor is subject to fines of $50.00 per person p~r day for any viol~tion of Section 220-e or Section 239 as well as possible tcm'ninat/on of this contract and forfeiture of all moneys due hereunder for a second or subsequ~at violation. 6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract cowred by Article 9 thereof, n~ither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as othcrwis~ provided in the Labor law and as set forth in prevailing wage and supplement schedules issued by the State Labor Dep~','Ui~ent. Furthermore, Con~ractor and its subcontractors must pay at least the prevailing wage rate and pay or prcrvide the prevailing supplements, inoluding the prernittm rates for overtime pay, as determined by the State Labor Department in accordanco with the Labor Law. 11/o0 7, NON-COLLUSIVE BIDDING REOUIRElVlENT. In accordance with Section 139-4t of the State Finance L~w, if this contract was awarded based upon the submission of bids, Contractor warrants, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further warrants that, at the time Contractor submitted its bid, an authorized and resp6usiblc person executed and delivered to the State a non-collusive bidd/ng certification on Contractor's behalf. 8. ]ll~I'ERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material eondi~on of the eon~ract, that neither the Contractor nor any substantially owned or affiliated person, fm~ partue~hip or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC Apl)- Sections 2401 et seq.) or regulations thereunder. If such Con~zactor, or any of the aforesaid affiliates of Contractor, is convicted or is othemdse found to have violated said laws or regulations upon the final determination of the United States Cor0meree Department or any other appropriate agency of the United States subsequent to the eanwactors execution, such con. asr, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such conviction, determination or dispqsition of appeal (PNYCRR 10f,q. 9. SET-OFF RIGI-rrs. The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State's optiOn to withhold for the purpoies of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the State with rega~ to this contract, any other contract with any State depatment or agency, including any contract for a term commencing prior to the term of this' contract, plus any amounts due and owing to thc State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall ~xercise its set-aflrights in accordance with normal State practices including, in cases of set-off pursuant t.o an audit, the finalization of such audit by the State agency, its representatives, or the State Comptroller. 10. RECORDS. The Contractor shall establish and nmintain complete and accurate books, records, A-2 documents, accounts and other evidence directly pertinent to performance under this conWaet (hereinafter, collectively, "the Recotda"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years therefor. The State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, as well as the ageuey or agencies involved in this contract, shall have access to the Records during normal business hours at an office of the Conti'actor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of iuspeetion, auditing and copying. The State shall take reasonable steps to protect from public disolosuxe any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently idenffiied; and (iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the State's right to discovery in a.uy pending or future litigation. 11. IDENTIFYING 131FORMATION AND PRIVACY NOTIFICATION, (a) FEDERAL EMPLOYER IDENTIFICATION NUMBER and/or FEDEP~L SOCIAL SECTJRITY NLRvIBEP,. All invoices or New York State standard vouchers submitted for payment for the sale of goods or services ortho lease of real or personal property to a New York State agency must include the payee's identification number, fie., thc seller's or lessors idmfification number. The number is either the payee's Federal employer identification number or Federal social security number, or lmth such numbers when the payee has both such numbers: Failure to include this number or numbers may delay payment. Where the payee does net have such number or numbers, the payee, on its · invoice or New York State standard voucher, must give the reason or reasons why the payee does not have such number or numbers. (b) PRIVACY NOTII';ICATION. (1) The authority to request the abo~e personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Sectiofi 5 of the State Tax Law. Disclosure of this information by thc seller or lessor to the State is mandatory. The principal purpose for which the information is collected is to ~mable thc State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated I 1/00 A-3 the/r tax liabilities and to ge~terally identify persons affected by the taxes administered by the C~nmissioner of Taxation and Finance. The information will be used for tax administration purpose and for any other purpose author/zed by law. (2) The personal information is requested by the purclnsing unit of the agency contracting re purchase the goods or services or lease the real or p~rsonal prop~ coVeted by this contract or lease. Thc information is maintained in New York State's Central Accounting System by the Director of Accounting Operat/ons, Office of the State Comptroller, Al/SOB, Albany, New York 12236. ~2. ~QUAL ~MPLOYMENT OPPORTU~IT~S FOR ~NO~S ~ WO~N. ~ ~cord~ce ~ Sec~ 312 of ~e Exec~vc law, if t~s con~t is: (i) a ~an a~ or pu~c~c ord~ ~ ~d~g for a Wtd expedite ~ exc~ oi $25,000.00, wh~cby con~acfing a~cy is co~i~ed to exp~d or do~ ~un& ~ re~ for laheL s~ces, supplies~ equipment, ~t~ials or ~y combi~on nf~e forgot, to be pc~o~d for, or ~nd~ed or ~ish~d W th~ con~fing $I00,000.00 wh~by a cou~g a~cy is co~d to ~pend or docs ~cnd f~ fur the acquisition, com~fion, de~li~en, r~h~ ~jor repak or r~o~tion of mE ~p~F and i~rovem~rs ~on; or (iii) ~ ~ a~c~ in excess nf $100,000~00 where~ ~e o~er of a Sm~e ~sisted he~ing woject is co~ed ~o ~xpcnd or do~ expend ~n& for the scq~si~on, cons~c~n, d~olifion, r~lac~t, mai or r~a~ or r~ova~un of~l ~op~ ~d im~ove~n~ thereon f~ such ~ject, t~: (a) ~ Con~cror will not dis~nate ag~ns: ~ployees or applic~ for ~lo~t ~am~ or,ce, ~ color, ~fion~ ofi~, s~ age, d~abili~ ~ s~, ~d ~11 undone or ~nfinue exis&g ~o~s ofaffi~afi~ acti~ to ~t ~ofi~ ~oup memb~ ~d w~ are afforded cq~ emplo~t o~c~dties ~thout disc~on. ~fi~a~ve s~ s~ll me~ ~itm~h emplo~en~ job assi~ ~o~fion, upswings, d~o~on, ~ansF~, layoff, or t~on and ~tes ofpa~ ~ o~er fo~s of c~satio~ ~) ar ~ ~ucst con~a~ng agent, ~ C~acWr s~lI request ~h emplo~ent ag~, labor ~o~ oy au~o~z~d r~es~m~ve of~rk~s ~ which i~ ~ a collec~w b~ga~g or o~ a~t or ~ders~ding, to ~ish a ~ttcn s~m~ ~at ~h ~plo~t ag~, labor union or mpms~ti~ ~11 not discrete on the basis marital s~s ~d tha~ such ~ion ~ repr~senta~vc ~I1 affi~afiw!y c~p~tc ~ ~e implantation of ~e contractor's obligations h~ein; and (o) the Contractor shall stute~ in all solicitat/ons or advertisements for employees, that, in thc performance of the State contract, all qualified applicants will be afforded equal employment opportunities without discriminat/on Ix:cause of race, oreed, color, national origin, ~x, age, disabilily or marital status. Coniractor will include the provisions of"a, "b", and "c" above, in every subcontract over $25,000.00 for the cons~tct/on, &raolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the Work) except where the Work is for the bonefldal use of thc Contractor. Section 312 does not al~ply to: (i) work, goods or services unrelated this c, on~act; or (ii) ernployment outside New York or (iii) banking serv~es, insurance policies or the sale of securities. The State shall consider compliance by a contractor or subcontractor with thc requirements of any federal law conccmin§ equal employment opportunffy which effectuates the purpose of&is section. Thc contracting ag~ocy shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the contracting agency shall waive the applicability of Scot/on 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Division otMinoriVd and Women's Business Developro~nt p~ining hereto. 13. CONFLICTING_TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereoO and the t=u,~ of this Appendix A, the t~-ns of this Appendix A shall control. 14. GOVERNING. LAW. This contract shall be governed by the laws o£ thc State of New York excopt where the Federal supremacy clause rcquires otherwise, 15_ LATE PAYMEI~T. Timeliness of payment and any inter, st to be paid to Contra~or for late payment shall be govemefby Article XI-A of tM State Finance Lawto the extent required by law. 16_ NO ARBITRATIOn. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutori!y authorized), but must, instead, bc heard in a court of Competent jurisdiction of the State of New York 1 I/OO 17. SERVICE OF PROCESS. In addition {o methods of s~wice allowed by the State Civil Pra.~tice Law & Rules ("CPLR"),'Cont~'~ctor hc~by cons~ts to service of process upon it by registered or certiiier~ mail, mtuna receipt requested, Service hereunder shall b.'e complete upOn Contractor's actual receipt of process or upon the State's receipt of the return thereof by th~ United States Postal Service as refused or undeliverable.: Conwactor must promptly not/fy the State, in w~i.'t~,, of each and every change of address to which servic,e of process can be made. Service by the State to the known address shall be suflioient. Contractor will have th/ny (30) calendar days after service hereunder i~ complete in which to respond. i$. PROHIBITION ON PLrRCHuiSE OF TROPICAL H.i_RDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limitedi to, the specificatiOns and provisions o£ State Finance La~v § 165. (Use of Tropical Hardwoods) which prohibits pud'chase and use of tropical hardwoods, unless specificall9 exempted, by the State or any governmental ager~cy or political subdivision or public benefit corporation. Qualification for an exempt/on under this law will be the respons~illty of the contractor to establish to me~t with' the approval of the State. In addition, when any imnion of this conWact involving the use ofwoocls, whethe~ supply or installation, is to be performed by any subcontractor, the prime Contractor will indicate and certify in the sulxnitted bid proposal that the subcontractor ha~ been informed and is in compliance with specificetio~ and provisions regarding use of tropical hardwoods as detailed in § 165 State Finance Law. Any such use must meet with the approval of the State, o,th .~, ~ ,e, the bid mayinot be considered responsive. Under bidder certifieatio&s, proof of qualification for exemption will be the responsibility.of the Contractor to meet with the approval of the 19. MACBRIDE FAIR EMPLOYMENT PRINCIPLES. Iu ~ecordance with the 'MacBri~e Fair Employment Principles (Chapter 807 of the LaV~s of 1992), the Contractor har¢l~y stipulates that the Contractor either (a) has no business operations in Northerri Ireland, or CO) shall take hwful steps in good faith to coqduct any busines~ operations in Northern Ireland in accoraance with the MacBride Pair Employment Principles (as d~scn'bed in Section 16~ of the New York State Finance Law~, and shell permit independent monitoring of oomplia!3c¢ with such principles. A--4 20..OMNIBUS PROCUREMENT ACT OF 1992. r~ is the policy of New York State to maximize opportunities for. the participation of New York State business enterprises, including minority and women-owned business antcrprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcottt~aetors and suppliers is available from: Departraent of Economic Development Division for Small Business 30 South Pearl Street Albany, New York 12245 51 $-292-5220 A directory of certified minority and women-owned business ~nterprises is available from: Depatanent of Economic Development Mino~ty and Women's Business Development Division 30 So~th Pearl Street Albatiy, New York 12245 http:/~www.empir¢.state.ny.us The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or cuntmct, as applicable, ContracWrs certify that whenever the total bid amount is greater tl~an $1 million: (a) The Contractor has made ressonsb~e efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontr~ctorso/ncluding certified minority and women-twned business ent~qnises, on this project, and has retained the documentatinn of these effete to be provided upon request to the State; Co) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-26l), as amended; (c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with thc Job Service Division of the New York State Depaxtment of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Conu-actor acknowledges notice that the State may seek to obtain offset credits from foreign countries as e result of this contra~t end agrees to cooperate with the State in these i I/00 0I 39~d S~O~BOS~ 2L _I~dgCIPROCITY AND SANCTIONS P. ROVISIONS. Bidders ~re hereby uolified that if their principal place of business is locat~.d in a count, nation, province, state or political subdivision tha~ p~nalizes York State veildors, and if tho goods or sor~ices they offer will be substantially produced or p*rformed outside N~w York State, the On'mi-bus l~rocurement Act I994 amendments and 2000 an~mdm~ats (Chapter 6B4 and Chapter 383 resp~fiYely) requir~ that they be denied contracts which they would otherwise obtain. Con, act the Dgpartment of E~onomic Devcloprnelit, Division for Small Bu~ne~s, 30 South Pearl Siz¢¢t; Albany New York 12245, for a cui-r~t list ofjuri~dictiorls subject to provision. Revised November 2000 11t00 APPM~DIX A1 Agency-Specific Cla,,~es I. This Agreement ha~ be~n enlered into pursuant to the following understandings: Title 11 of the Envirox~mmtal P~oteetian Fu~l ACt l~ovid~s for State ~sisiance to municipalities for the State share of The cost of apri~ro'lrcd local waterfront revitalization projec~ as defined in the Act. B. The Department is authorized by such Act to evaltmte and determine eligibility of applications for funding of projects. Ba~ed upon informat/on, r~presentatlens and certifications contained in Contractor's applicati.on for fimding, including the Work Program as set forth in Appendix D, the Depat~'ncnt has made a delcrmination of eligibility of funding for Contractor's ~oject under such Act. State funds (Funding Amount s~t forth on the ]Face Page) for this Project (Appendix D Program Workplan) are provided pursuant to a reappropriation of funds originally rnadc by Title 11 o£the Environmental Protection l~und Act. The Contractor has dewnonstrated its ability to finance its shar~ of thc Project and ha~ agreed to fund its portion of the cost of the Project. H. General A. For the purposes of this Agreement, the terms "State" and "Department" are interchangeable, unless the context requires otherwise. B. The contract period as set forth on the Face Page is the inclusive period within which thc provisions of this Agreement shall be performed. No liabilities are to bc incurred beyond the termination date and no costs will be reimbursed for such liabilities unless: 1) funds have been ruapprupriatcd for the Project in the subseqtient State fiscal year, 2) the Departmcn~ determines that it is in the best interest of the Dep'~ u,,¢nt and the State to provide additional time to complete the Project and 3) an extension agreement is approved/n accordance with Section IA. o£ the Agreement. Subject to the availability of funds, d6terminatian by the Department that it is in thc best interest of the State, and upon mutual writtc~ consent of the paxties, the Multi-Year Term of this Agreement may be extended by up to two Con~xact Periods not to exceed twelve months ~ach. The Department shall not be habi¢ for expenses of any kind incurred in excess of the State Funds as set forth on thc Face Page, and shall notbe responsible for seeking additional appropriatSons or other sources of funds for the Project. Thc Contractor shall p~form all se provide all services and meet the pz provisions of this Agreement; rele,~ and fiscal guidelines; where applic~ progxam, .and conditions of applica] ;ices to the satisfaction of the Depaxtment. The Contractor shall ,g~'~ objectives described in Appimdix D.in accordance with: nt State, £ed~ral and local laws, rules and regulations, administrative ble, operating certificates for facilities or licenses for an activity or ,lc permits, administrative orders and judicial orders. The Contractor shall submit with it~; request for final payment a Final Project $11rnma~'y R~pOrt in the format cl~scribed in Appandix Al,, ~.ttachment 2 and Measurable Results Forms, such form to be provided Contractor by the Departr l~-nt. Al-2 The Contractor agrees to prooeec~ ~xpeditiously with the Project and to complete the Projeei in accordance w/th the timetable set forth in the Wo~kplan (Appendix D) as well as with the conditions of any applicable permits, adrn/nt'strat/ve or&~s, or judicial order~ and this Agreement. The Department will provide Contracwr with a Ouarterlv Contractor.Report (Append/x Al, Attachment 3) pursuant to the D~partmant's Minority and Worn,l-owned Business Enterprises Protram. tn tim Contractor utilizes Minority and Women-owned Busirmss Ent~xpriscs as discussed in S~ction XIV in Appendix Al, such report si-~l be provided to the Department at the addr~-~ on thc Quaintly Contractor ReporL Thc Contractor shall submit two copies of a"Project Stems Kepert" (Appendix Al, Aliachrnent 4) on a six month basis for the periods endin~ June 30 D~cember 31. Reports are due no later than 30 da~ following the end of each reporting palled. IH. AdditiormI Recuirements for Conslxuefion Prc~ects: Project design, including preparation of final plans and specifications, and supervision of constriction shall be uu~lertaken by a qualified architect and/or er~ineer licensed to prm~fice in the State of New York The Contractor shall submit final plans and specifications to the Department for its acceptance befor~ initiating construction work or, ii'the Contractor intends to subcontract for construction work, before the work is advert/sad for bidding. Ho chan~ to project plans nmy be made without the prior written approval of the Department. The Contractor shall also be responsible for ~recting a l~Ojcet sisn satisfactory to the D~partment identifying the Project. Thc project si~n shall terrain in place for the useful life of the improvemanr~ undertaken pursuant to this Agreement. Upon completion of the Project, the Contractor shall suhmi£ to the Departmcl~t a proper certliication from a licensed archkeet or engineer. Agreern%ts for construction in cxoess'oftwvnty thousand dollars ($20,000) shall be awarded alter and in accordance with competitive bidding requirements of the General Municil~l Law. A certifmd copy of a summary of all bids shall be submi~ed to the Depastmcnt prior to awarding the Aireerrant, and ~.n executed copy of thc oonsm~ction contract will thereafter be submitted to the Depam'nent. Co Ail purchase contracts involving an cxpend/ture of more than ten thousand dolbrs ($10,000) shall bc awarded to the lowest bidder furnishing the required security after advertisement for sealed bids in the rnanner prov/ded for in section 103 of the General Municipal Law. The State shall make periodic inspections of the project both during its implementation and after its completion to assure compliance with this Agreement. The Conlxaotor shall allow the State unrestricted access to work during the preparation end progress of the work, and pro~-ide for s~ch access and inspection by the State in all cons~m0tion contracts relating to the project. E. The Contractor shall be responsible for assuring that the project is design~xi and constructed in conformance with the Uniform Federal Accessibility Standards (UFAS - Appendix A to 41 CRF part I01-19_6), tt~ .~uncricans with Disabihlies Act Accessibility Guidelines (ADAAG - Appendix A of Title 9 NYCP,-~). Where there are discrepancies among the sets of standards with regard to a particular design./construction requirement, the one providing for the greatest degree of accommodation for the disabled shall apply. F. It is the Contraot~r~s respons~i~ity~ pursuant t~ Section 57 ~f th¢ Workers' C~mpens~t`i~n Law~ to maintain for State audit and review either proof that they have Workers' Compensati°n coverage for uny employees, or a wavier statement from the New York State Department o£Labor. The ConUactor rn~st also obtain from any conWactor or sub-Contractor hired to provide a ser~4ce pursuant to this Agreement, similar proof or waiver from the contractor or subcontractor, and must rr~.intain such documentation on file for audit. IV. RevertS, Documents and Ma~s The Contractor shall, where appropriate, id~mtffy docurnent~, re-po:ts, and nmps produced/n whole or fit under this Agreement by endorsing on said doomnents, reports, and nmps the following: "This (document, repo~ map, ctc.) was prepared for the New York State Department of State with funds provided under Title l I of the Environmental Protection Fund Act." ¥_ License to use end reproduce ,documents and other works: By ac~cp~ee ofth/s Agreement, Contractor transfers to the Department a norgxclusive license to use, ~mduce in ~y medi~ ~d ~sm~te ~y w~k p~d for or ~ c~ecfi~ ~ ~e ~ojcet~ i~luding but n~ l~ted to re~, ~ps, desi~ plus, ~ysis, ~d doc~ re.less of ~e ~i~ in w~ch &ay ~ o~ally ~d~. ContoUr w~ to thc D~t ~at it h~ suffici~t title or inter~t such wor~ to liege p~s~t to tMs A~t S~h ~W sh~l su~ ~e ~on of ~2 ~c~e~. Con~ct~ s~e~ ~ ~o~de ~ ~n~ of ~ch ~h w~ ~ a c~y ~f which is a~mble to & D~pm~ to ~c D~t befo~ pa~en~ s~l be ~d~ ~d~ ~ ~ant. VI. Contractors Insurance Reouircments Prior to the aommencament of thc Work, the Conlractor shall fro with the Department of State, Diviaion of Coastal Resources, Certificates of Insurance evidencing compliance with all requirements contained in this Agreement. Such CertLficate shall bc of form and substance acceptable to the Dep~U~ent_ B. Acceptance and~or approval by the Department docs not and shalI not be construed to relieve Contractor of any obligor/OhS, responsibilities or liabilities under the Agreement. All insurance required by the Agreement shall be obtained at the sole cost and expense of the Contractor; shall be maintained with insurance carriers licensed to do bminess in New York State; shall be primary and non-contributing to any insurance or self/~~urance maintained by the Department; shall be endorsed to provide written notice be given to the Department, at least thixv~ (30) days prior to thc cancellation, non-renewal, or material alteration of such policies, which notice, evidenced by return receipt of United States Certified Mail which shall be sent to New York State Depm~nent of State, 41 State Street, Albany, New York 12231-0001; and shall name thc People of the State of New York and their directors agents, and employees as additional insured thereunder. D. The Conti'~ctor shall be eelely responsible for the payment of ali deductibles to wh/ch such policies are subject. E. Each insurance carrier must be rated'at least "A" Class "Vff" in the most recently published Beat's Insurance Report. If, during the term of the po]icy, a carrier's rating falls below "A Class "Vff", the insurance must be replaced no hter than the renewal date of fire policy with an insurer acceptable to . Department and rated ~t least "A" Class "VII" in the most recently published Best's Insurance Report. F. The Contractor shall cause all insurance to be in full force and effect as of thc date of this Agreement and to remain in full force and effect throughout the term of. this Agreement and as further required by this Agreement. The Contractor shall noi take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the period of time such coverages are required to be in effect Not less than thirty (30) days prior to the expiration date or renewal date, the Contractor shall supply thc Department updated replacement Ce~fieates of Insurance, and araendatory endorsements. Unless thc Contractor sel~-insured~ Contractor shall, throu~lour th~ term of the Agreement or as otherwbe required by this Agr~ment, obtain and n~intain in full force and effect thc following insurance with limits not less than ~hose described below ~id as rcquir~I 1~ the terms of this A~re~n~mt, or ~s r~quired by law, whichever is gr~t~ (limits rosy be provided through a combination ofprirn~-y and umbr~Ila~exccss policies). Why'r= Contractor is s¢lf-i~sured, Contractor al'roll provide suitable evidence of such to the D~partment relating to the risks and coverage amounts as provided b=reundcr. Comprehensive Liability Insurance with a limit of not less ttmn$1,000,000 each o~cmrance. Such liability shall be ~zitten on the Instance Service Office% (ISO) occurrence form CG O0 O1, or a substitute form providing equivalent corm'ages and shall cover liability arising fxom premises operations, independent contractors, products-completed operations, broad form prope~'y damage, personal & advertising injury, owners & contractors protective, cross liability coverage, liability assumed in a contract (Including the tort liability of another ns~umed in a contract) and explosion, collapse & underground coverage. ~ If such insurance contains an aggregate limit, it shall apply separately to this location. Products and Completed Operations cov~gc sh~ll incIude a provision tlmt coverage will extend for a period of at l~.~st twelve (12) months from the date of final completion and acceptance by thc owner of all of Contractors Work. Where the Proje=t described m Appendix D includes the construction of any structu~ or building, a Builder's Risk Policy until the Project is completed and accepted in the amount of the total project COST- Workers Compensation, Employers Liability, and Disability Benefits as required by N~v York ~tate. Workers Compensation Policy shall include the U.S. Longshore & Harbor Warkers' Compensation Act endorsement. Comprehensive Automobile Liability Insurance with a limit o£not less than $1,000,000 each accidant. Such insurance al'm/1 cover liability arising out of any automobile including owned, leased, hired and non owned automobiles. Comm=cial Psope~y Insurance covering at a minimum, the perils insured un&r thc ISO Special Clauscs of Loss Form (CP 10 30), or a substitute fm~m providing equivalent coverages, for loss or damage to any owned, borrowed~ leased or rented capital equipmeat, tools, including tools of thor agents and employees, staging towers and forms, and properef of DOS held in their care, custody and/or control. 6. An Owner's Protective Liability Policy with limits no less than $l,000,000 in thc name of the Contractnr, The Contractor shall require that any subcontractors hired, carry insurance with the same limits and provisions provided herein. Professional consultants retained by the Contractor in connection with the Project shall show evidence of professional liability insurance with limits no less than $1 million. Provertv Pursuant to the provisions set forth in Section V, page 3 of this Agreement, the ownership of all propc~cy described thcx¢in shall reside with the Contractor unless oth*rwisc specified in writing by thc D~partment at any time during thc term of this Agreement and up to thirty O0) days following the issuance of the final payment. §~ BB~d SBO~OSB~ ]~iS~OD PB~lPBIS S§:S~ P00~/~I/I0 Contractor warrants that it has fee simple or such other estate or interest in the site of the Project, where thc Project is undertaken at a site, including easements and/or rights -of-way sufficient to assure undisturbed use and possession for thc purposes of construction and operation for the estimated life of the Project. Contractor further acknowledges that where such Project is nadertaken on or involves the use of lands for active or passive recreational use, it is a material term of this Agreement that such lands shall be availablc for such recreational use by thc People of thc State of New York. Additionally, Contractor shall r/bt limit access or discriminate on the operation of the facilities against any persog on the basis of place of residence, race, creed, color, national origin, sex, age, disability or marital status, VII/. Year 2000 WarranW Where the project described in Appendix D involves the creation or purchase o£ any computer program, software, hardware or other equipment, the Contractor hereby agrees that its coa~-ate~ software and equipment (including those with consultants using or maintaining computer equipment) will comply with the NYS Year 2000 Wananty as stated in Appendix A1 (Attachment I ) and will, if so designed, function as part of the State agency's computer system. IX. leee~ The Contractor may charge a reasonable fee for the use of any facility which is part of the project. ~xccpt for the imposition o£ a differential fee schedule for non-residents of the municipality in which the project is located, the establishment of any preferential user fee for any person or entity is protffOited. Fees charged to non-residents shall not exceed twice those charged to residents. B, Where there is no charge for residents but a fee is charged To non-residents, non-resident fees cannot e~ceed fees charged for residents at comparable State or local public facilities. C. Reservat/on, membership or annual permit systems available to residents must also be available to non- residentS and the per/od of availability must be the same for both residents and non-residents. D. This provision does not apply to non-residents fishing and hunting license fees. Where the Project is undertaken on or involves parklands, the following additional provisions apply: A. The Contractor shall not au any time sell or convey my facility or any portion of thc project acquired or developed pursuant to this Agreement or convert such facility or any portion of the Project to other than public park purposes without the express authority of an act of the Legislature, which sh~l provide for ~he substitution of other lands of equal fail* rmarket value and reasonably equivalent usefulness and location to those to be discontinued, sold or disposed, of, ~nd such other requirernen~s as shall be approved by State. The Contractor agrces to own a property interest sufficient to maintain and operate the project in perpetuity. The Contractor shall not authorize the operation of the project, or any portion thereof, by ~fiy other person, entity, or organization pursuant to any management agreement, lease or other arrangement without first obtaining the written approval of the State. BI BB~d SBO~ROSB~ ]~lS~O3 ~9~Z~8IS 8S:£I bOO~/EI/IO Al-6 XI. Terminations In addition to any other actions authorized by this Agreement, the Department may terminate the Agreement in the best interests of the State of New York by providing written notice to the Contractor as provided in this Agreement. Bo The Contractor shall complete the project as set forth in this A~reement, and failure tn render satisfactory progress or to complete the project to the satisfantion of the State may be deemed an abandonment of the project and may cause the suspension or termination of any obligation of the State. In lhe event the Contractor should be deemed to have abandoned the project for any reason or cause other than a n~tional emergency or an Act of C-od, all monies paid to the Contractor by the State and not expended in accordance with this Agreement shall be repaid to the State upon demand. If such monies are not repaid within one year after such de~d, the State Comptroller of the State of New York may cause tn be withheld from any State assistance to which the Contractor wonld otherwise be entitled an amount equal to the monies demanded, In the event that the Department has provided written notice to the Cont~'actnr directing that the Contractor correct any failure to comply with this Agreement, the Department reserves the right tn direct that the Con.actor suspend all work during a period of time to be determ/ned by the Department. Ii'the Contractor does not correct such failures during,the period provided for in the notice, this Agreement shall be deemed to be terminated after expiration of such time period. During any such suspension, the Contractor agrees not to inonr any new obligations ~fter receipt of the notice without approval by the XII. Subcontracting Requirements The Contractor may subcontract £o~ ail or any portion of the activities covered by this Agreement as provided for in Appendix D, subject tn prior written approval by the Department of any subcontractor and the t~m~s of an)' subcontract. XIII. Requirements for Con~ract Map Products (1/01) GENERAL ~ PRODUCT REQUIRE1VIENT$ - Thc following general c~tographic requirements must be adhered tn by the Contractor: Map Products -- The Division requires delivery of digital map products, unless otherwise specified in the Request for Proposal (P,.FP), that meet the specifications outlined in this GENERAL MAP PRODUCT REQUIRI~iHEi'iTS section and the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREM[KNTS section. If analog map products are required by the RFP, they must meet specifications outlined in this GE~rERAL 1HAP PRODUCT P~QUIRE1M~NT$ section and tile ADDITIONAL DIGITAL-READY MAP PRODUCT REQUIREMENTS section. Deliverable Format- All digital map and attribute table files must be provided in Maplnfo Tab file format on Recordabl¢ CD, ~-5" floppy diskette media~ via c-mall attachment, preferably in a WinZIP file, or downlosdable from an fib site on the Lntemet. Alternatively, the digital products may be provided in UNIX or WindowsNT ARC/Il'dFC expos format (.e00) or AroView stmpe lile lorn'iai on the same ..m. edia types upon approval of the Division. All other digital formats require prior approval of the Dlv'lsloI1. Co~fdlriatlon with thc Di lSlO~n prior to submissmn of digttal media ~s reqmmd to ensure compatibility of the delivered materials. Documentation - A data dictionary must be included alor~ with the map files describing file contents and file names, as well as metadata for each i~il~ including map projection, horizontal and vertical datums used, coordinate system, B.MS accuracy and Icg sheet, information sources and dates, the map maker and date of preparation, and creation methodology. Data provided under federal · AI-7 funds must be provided in a mcr which meets Digital Geo~patial Federal G-eographi, Data Committee Metadata Standard as executed by Exeeutix~ Order 12906, April t 1, 1994, "Coo~i~atir~ Geogr~,phic Data ACxluisition and Access: the Nati~lal Spaiial Data Infrastructure". Map Accuracy - Unless otherwise stated hi thc R...~, all deliverable map produol~ mm co~ to Na~l M~ ~c~acy S~ f~ hod~ and ve~c~ ~c~ ~ ~lish~ ~ ~ U~ Smt~ B~u of ~e Bud~, Jme i0, 1941, r*~ed I~e 17, 1947. For e~le, f~ raps at 1:20,000 or m}l~, not mo~ t~ I0% of ~e w~ed mp po~ te~ m~ be m~e t~ 1/50 ~ch (0.508 ~) out of,o~ct ~si~on. 'At 1:24,000, ~s tul~c~ ~h~ to a req~ b~al ac~cy of ~ f~ If by pd~ a~*ment ~ ~e ~*ion th~ mp prod~t does c~fo~ to Na~onal ~p ~cw~y S~r&, ~m a ~t of ~ ~p acc~y should be ~cl~ in ~c ~cm~fi~ abe~. Fuehrer,, hy~p~c su~ md ~ps should ~nfom W ~o~d~ ac~y ~d pr~os~ ~ t~ j~nt USGS, NOS, Coa~ ~g 1978, MelOn Elhs editor, U.S. ~v~t P~fi~ Office, Ap~n~ 6. Datums - Unl~s otherwise specified in the RFP, all map products should be referenced to the North Am~.-rioan I-Iorizontal Datum of 1983 (NAD83) and the National Geodetic Vertical Datum of 1988 (NGVD88). B. ADDITIONAL DIGITAL CARTOGRAPHIC I~'ILE REQUIREMENTS. The following cartographic construction requirernents must be adhered to by the Contractor: Edge-matching -- All map sheets must be both visually a~d Coordinate edge-matched with adjacent map sheets. No edge-match tolerance will be allowed. Attributes for splitable features must also be identical. 2. Common Boundaries -- All features that share a common boundary, regardless of map layer, must have exactly the sam~ coordinate position of tlmt feature in all common layers. Point Duplication - No duplication of points that occur within a data string is permitted. Connectivity - Where graphic clements visually meet, they must be also digitally rn~ct. Ail confluences of line and polygon data must bc exact; "overshoots", "undershoots", "slivers", or "offshoots" are NOT permitted. Line Quality - A high quahty cartographic appearance must be ach/eved. Transitions from straight lines to curvilincar elements must he smooth, with angular inflections at the point of intersectiom The digital representat/on must not contain extranecus data at a non visible level. There should be no jags, hooks, or zero length segments. Any lines that are straight, or should be s~raight, should be digitized using only two points that represent the beginning and ending po/nts of the line. 6. Polygon Closure -- For area features being digitize.d, the last coordinate pair rnust be exactly (math.ematically) equal m the First coordinate pair, No line or polygon must cross itself except to join at ah actual confluence. Ail digitized features across map boundaries must b~ edited to effect srnooth and continuous lines. : 7. Graphic Precision -- Positional coordinates for all digital graphic elements should not be reported to a level of precision greater than one thousandth (.00l) cfa foot. Digitizer A~:curacy - The required RMS error for digitizer accuracy mu~l be 0.003 or better for digital map registration. C. ADDITIONAL DIGITAL-READy MAP PRODUCT REQUEREMENTS - The following requirements for large scale, non-digital map products must be followed to facilitate the future A1-8 conversion of the maps to digital map products. Ail large format, non-digital map products must be provid~ on stable base ma~xial at a scale stipulatexi in the RFP. The map products must include an index map to all map sheets and thorough descriptions of ail the cartographic elements po~t~ayed on the maps. 1. Base l~lap Media -- All maps must b~ created on mylar or other stable base material. Map Scale - All maps of a similar s~n'ies should be crented using the same base scale. Unless otherwise stated by the Division, all maps should be compiled at 1:24:000. If other map scales are approved by the Division, where possible thsy will conform to s~dard map scales such as 1:9600; 1:50,000; 1:75,000; or 1: 100,000. Map Registration - The maps must provkl, a minimum of four (4) comer and four (4) interior ticks tied to USGSfNYSDOT quadrangle Lat/Lon§ or NYTM coordinates. The maps must be geometrically correct and should meister when overlaid on the appropriate USGS/NYSDOT quadrangle control ticks. Map Title and Legend - The rn~ps must provide a title and legend block dcscfibing the information contained on the maps, ~ad including the Documentation and Datnm~ i~ormation requested in the GENERAL MAP PRODUCT REQUIREMENTS above ~nd the map scale. Cartographic Quality -- The quality of all map 1/ne work and symbolization must conform to items 1 - 6 in the map criteria set forth in fl,_c ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUR~,EMENTS sect/on outlined above. D. CONTRACT DATABASE STANDARDS 1. Delivery Media -- All database and tabular files must be provided on digital media as specified above in Deliverable Format. Software Format - All database and tabular files must be provided in Borland's Paradox for Windows95 and above version 5.1.0.4 format. Other formats that are convertible to Paradox may be used with prior approval of the Division. Geographic Attribtttes - Database and tabular files that contain elements with a geographic reference must provide a corresponding data field and a geographic coordinate pair for each feature location. XIV. PaYrnentand Records Retention Payments shall be made as set forth in Appendix C. The C~ntractor shall maintain, at its principal place of business, detailed books and accounting records supported b7 original documentation relating to the incurring of all ~xpendituras, as well as payments made Imrsuant to this Agreement. The Contractor shall mal~ such records available for review by the Department upon request at ~ny time. The Department shall have thc right to conduc~Ogress assessments and review books and records as necessary. The Department sl~aI1 have the fight to conduct an on-site review of the Project and/or books and records of the Contractor prior to, and for a reasonable time following, issuance of the FINAL payment. The Dvpartrnent shall be entitled to disallow any cost or expense, and/or terminate or suspend this Agreement, if the Contractor has misrepresented any cxp~nditore~ or Project activities in its application to the Deparmaent, or in this Agreement, or in any progress reports or payment requests made pursuant hereto. The Contractor shall mainm/n such books and accounting records in a manner so that r~orts can be produced therefrom m accordance with generally accepted accounting principles. The Contractor shall maintain s~parate fiscal boolcs and records for all funds received through the Department pursuant to this Agreement. 6I 39~d SS9~F~S3a 9VIS~OD ~SPgS£~8IS 6S:EI b00a/aI/I0 Al~9 C. During the term of this Agreement and for a period of six years' after its termination, the Contractor shall make all such books and re~orde available to the Department and the Office of the State Comptroller, or their designated representatives, for inspection ~nd audit XV. E~tual Employment O~rtuni~ The Contractor hereby assures-that it is, and shall be for the duration of this Agreement, in compliance wi~h the Federal Equal Employment Opportunity Act of 1972 (Public Law 92-261), as amended. XVL Article 15-A of The New York State Executive Law The Department of State administers a Minority and Women-owned Business Enterprises 0vIWBE) Program as mandated by Article 15-A of the New York State Executive Law. This law supersedes any other provision in state law authorizing or requiring an equal employment opportunity program or a program for securing participation by minority and women.owned business enterprises. Under this law, all state agencies must, subject to certain exceptions, establish goals for minority and women-owned business participation in ceCfain sate contraCis and grants. Where MWB£ goals are required, even in circumstances where this goal is zero, a Quar~-l¥ Contractor l~e~ort is required to be submitted to the Minority and Women-owned Business Program of the Department on forms provided by the Department_ Article 15-A requkes that mice and regulations be established for contracts entered into by the DepaCanent. In accordance with Article 15-A~ goals must be set for contracts eentored into by the Department in excess of $25,000 for labor, services, supplies, equipment, and materials, or any combination of the foregoing, and for contracts entered into by the Department in excess of $I00,000 for acquisitiorq construction, demolition, replacemenL major repair, renovation or improvementof real property. In applying these rules and regulations, the Department must consider the availability of certified minority and women-owned businesses in the rcgi.on in which the state contract will be performed, the total dollar value of the contract, the scope of work to be performed, and the project size and tenn. The contractor will, when required as a par[ of the bid or proposal, submit a Staffin~i Plan on the form provided l~ the Department.; This P~ will detail the work foroe ~nticipa~ed in the performance of the s~ate cootract, reported by ethnic background, gender, and Federal Occupational Categories. After a bid opening and prior to the award of a state contract, the contractor will submit an Equal, Employment Ot~oCcanitv (BEO~ Policy Statement3 to the Department with/n the time frame established by the Department. The. law requires ~hat, as a precondition to entering ~nto a valid end binding state contract, the contractor will agree to the following stipulations and will include them in the EEO Policy 8_tateraem: · The contractor will not discriminate against any employee or applicant for employmant because of race, creed, color, national origin, sex, age, disability or marital status. · The conrrac,or will undertake or cOntinue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunilSes without discrimination because of race, creed, color, national origin, sex, ago, disabilit-7 or marital statas. For these purposes, affirmalive action applies in areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of col~pensation. ,~ · The contractor will make active and conscientious efforts to employ and to utilize minority group members and women at all levels and in all segments of its work force on state contracts, and the contractor will document these efforts_ Al-lO · The contractor will state in all solicitations ~ advertis~men~ for u~ployees that, in the pe~'formance of thc state contract, all qualified applicant~ will be afforded equal e~L~,loyment opportu~ties without discrimination bccans~ of race, creed, color, national origin, sc~ age, disability or marital status. · The conlracter will. at thc r~ucst of tho Dcpartm~a~t. request e~h ~lo~t a~. hM ~ioa ~ aut~ ~res~/ve of work. s ~ wMch it ~s a cold.ye b~ing ~ o~ a~nt ~ und~s~g, to ~sha ~ s~t~t ~ such ~lo~t ag~, lab~ ~, or r~c~n~ve ~11 not d~atc became of race, c~c~ color, ua~ ofi~, s~, a~, di~bili~ or m~ml stores, md ~ ~ch mina or r~res~vc m~ a~vely conp~m ~ ~e ~lem~fiou ~ ~e con~ctor's obii~fions ~e~. · Thc conU~ctor will include the provisions regarding thc N~O Policy Stamt and the Staffing Plan enumeramd above in ~ach and eve~ subcontract of a state contract in such a rammer that the subcontractor is bound by these requirements. · Failure to provide an BB0 Policy Statement and a Staffine Pla~ without reasonable written justification or commitment to provide these rcquirtanents by a specified date will result in r~ection of the contractor's bid or proposal. · ~ the award of a state contract, the contractor will submit to the De~partment a Workforce Employment Utilization P~mor~, on the form supplied by the Dq~artment, detailing the work force actually utilized on the state contract, by ethnic background, gender and Federal Occupational Categories, as specified on the form- This Ret>ort will be subrdtted to the Department.on a quar~rly basis throughout the life of the oontract. · The contractor~ and any of its subcontractors, may be required to submit compliance rq>crrts relating to their op*rations and implementation of their affirmative action or equal employment opportunity program in effect a~ of the date the state contract is executed. Questions regarding this program should be directed to the Minority and Woman-owned Business Program by calling (518) 474-5741. To assist potential oontractors, the NYS Directory o~..C~ rtified Minor/tv and Womm-owncd Busineas Entemrises can be viewed at the Depar~ent of State, Minority and Women-owned Business Program, Eleventh Floor, 41 State Street, Albany, Hew York 12231-0001. To access the Directory using the Intomet, use the Depar~nent of Economic Development website at: http\\www,emvire.state.n¥~us; choose "Business Services" then "Minority/Women's Business," than choose "Search the Directory_.." Thc Depm tment makes no represmatat/on with respect to the availability or capability of any business listed in the Directory. XVII. Notice of Public P..roceedin~s The Contractor agrees to provide the Department with prompt and timely written notice at lea~t two weeks in adw~ace of all public proceedings, including, but not limited to; pi~blic meetings or hearings, relating to the Project. XVHI. Suhmission~n of all corresponden_ce and documentation Thc Contractor agrees to provide the Department with original and two copies of all documentation relating to this Project, including, but no/limited to: notices of public meetings, products described in Appendix D, and payment request documentation ss described in Appendix C- B- All inform*tion as described in A_ above shall include the NYS Comptroller's ii as indicated on the Face Pagc of this Agreement. A. XXd Al-11 Environmental R¢~_ew Contractor a§rees to pro~id~ the Dcl~utmen~, in a ~imcly n~ml~r, with all dooumentation, including but not limited to, permit al~plicafions, en~ironm~-nial z~sc~smcnts, dcsi~s, plans, ztudi~s, environmental impact stat~s, finding, and d~:rmln,~ion~, relafin~ to fl~ Project, Cmlrtctor aclmowlcd~s tha~ coi~lianc~ with the Stit~ BnWronmental Qtmlity l~vicw Act is a material term and condition of this illi-ccrr~nt In no event shall any paymc-ats he made under this A~recm~nt mitil Contzactor bas l~rovid~d Department with appzopriate docm'nentatien ttm~ ccmhmc~Or has met any requirerricnts imposed on Contractor by th~ Stat~ Environmental Quali~ l~eview Act Fully-Executed Agreement or Amendmant Thereto If this Agreement or ameiadments thereto, allocates funds totaling $15,000 or lcss, it shall be deemed to be fully executed when approved and signed by the Contractor and the Department. If this A~reemmt~ or amendments thereto, allocates funds totaling more than $15,000, it shall be deemed to be full executed when approved by the Office of the State Comptroller. g~ ~9~d SBDM~OSBM qVIS~OO Pgbg££~BIS 6S:EI ~00g/CI/IO Al, Attachment t ~'.EW YORi~ STATE YEAR 2000 W~ STANDARD 1. Deflnition - For purpuse~ of this wan'~llty, the foI~,,vi~ dafmifio~ shall agply: e. aProduct" shall include, withou~ limilaiion: ~y pi~ or ~t of et~~ ~d~ ~w~, ~ ~om or c~ ~ ~ ~t~ ~ea~ or ~u~es ~ ~ch p~o~ ~y ~ ~ b. ~Vendor's Produ~~ shah ~clud~ ~I Plodu~ ~liv~ ~ ~s ~ by V~or o~ ~n T~ P~ Produ~. c. "Third Patty'Product" shall include produc! manufaelured or developed by a corporaw ~nQty iurlcpendent flora V~cler and provid~l by Vc~dor on a ~on-ex~'lusive Iice~sil~ o~ othe~ distrlbufien Agreer~m with the ~ pasW ma~ffac ~,Ir~r. "Third party Product" does nor i~clnde product whe'~ V~lor is: a) a enrpo~ate subsidiat~ or atY~lia~e of tile their p ar~ manuf~ctu~r/devetop~; and~ar b) the exclusive r~seller or diswibulor ef product manufactured or devclopexl by said ~orpora~ en6ty. 2. ..Warrant~ Dis~losure At the firac of bid, Product order or Produ~ qu~t~, Vendor is required to disclose the following ie, forlnation in wriiing to authorized User: a) For Vendor Product and for Products (including, but not [in~itod to, Vendor and/or Thinl p~rty Prmluctu and/or Authorized User's Installed Product) which have been specitied to perform as a system: Compliance or non- compliance of me Produc~ individually or as a system with the Warranty S£atument set forth below; and For Third ParV~ Product Not specified as Part of a System: Third Pan'y Manufact,.=er's sml~-rn~ of co~liance or hanger,anco of ~y ~ pa~ Pmd~ b~ deliv~d ~ T~d P~ Men~c~evefop~'s Year 2000 ~anW- If such ~rd P~ Pmd~ is r~s~d by ~ Ps~ ~acmmr~evefop~ ~ c~t ~ Third P~ ~~evelop~'s Y~ 2000 W~nW, V~or s~H p~s ~u~ said ~kd P~ W~nw ~m ~ ~kd Pa~ ~c~ to ~e Au~ori~ User b~ ~I1 not be liable ~r ~ tas~ or veri~on of T~d Pa~'s co~li~e s~cmen~ An ~hsence or failure to furnish the required vaittcn warranty disclosure shall be dee~d a starement of compliance of the produ~(s) or sy~tera(s) in question vd~h fha year 2000 warranty sta~nt sst forJl below. 3. Warran $ tement Year 2000 wa-mmV 'compliance' shah be defined in accordance with the following warranty statement: Vendor warrants r~{t Product(s) ~.mishe d pu~mmnt to this Agreement shall when used ia accordame¢ with the Product documentation, be able re z. cenrately process date/time data (including, but riot limited to, calcuiatimg, coroparing, sequencing) from, into, and belween the '~vanticth and twenty-faint centuries, and tile years 1999 arid 2000, including leap year calculations. Where a purchase requires that specific Products must perform as a package or systum, this .warranty shall apply to the products as a system. In the event of eny bred. ch of this werraaty, Vender shah restore tho Product to the same level of pcrforrrance as warranted herein, or repair or replace the Product with eo~forr~ P~odtt~ so as to minimize imeroaption la Authorized User's ongoing business processed, time being of the essence, at Vendor's sols cost and expense. This warranty does not extend to corceCtinn of Authorized User's errors in data entry or dam conversion, This warramy shall survive beyond termination or expiratiou of the Agreement Nothing in this warranty shall be construed to limit any rights or remedies otherwise available under this Agteeme~. A 1, Attachment 2 ~ PRO~ECT SUMMARY I~PORT Final paymant of thc grant is dependent upon thc satisfactory completion aml acceptance by the Deparlmant of State, Division of Goos~al Resourc~ of~ FINAL PROII~"T SU~Z,~Y RP~ORT along with the requiz/~ doeumenlafion. ~ addition to the other requirements of the contract, the grant xecipiant is resoons~le to relay the in~ormuce, the simtifieance and the value of the conmleted nralect to the cornmuuiw, the re~ien and the state through the complc~on of the repo~. The following outline should be u~ed to complete flxe FINAL PRO:~? Svm~,R¥ R~ORT: 1. Projec~Tifle: 2. Name of Muaiuipality: AcmaI Project Cnsts: a. State fimds expended (identify source, ag, EPF, Clean Water/Clean Air Bond A~ ~.c.): b. Local funds expended; c. Other funds expended: Project Managat: Name: Tire: Mailing ad&ess: Tel. numb~ _ Fax number: E-marl address: 5. Federal Tax Identification Number: 6. Project Background (briefly exphin in a short paragraph wh~th/s project was necessary, what its value is and/or its importance to the eonmmnity): Project Work (briefly describe thc work that was done to complete the project): Project Descriptions (use the following guidelines to descn'be the project and please be concise in the rescript/on): a, For a plann/ng Project describe the findings or recommended strategies. b. For a Design Project describe what is to be built c. For a Constluotion Project descn~oe what was built. 9. Project Measurable Results: To be completed on lomas attached. 10. Project Documemation: The DeparUn~t of State, Division of Coastal Resources requites a visual documentation of the E~vironmental Protection Fund proj acrs. Project products should be visually dneumented using a 35rrna camera or a digital camera, The 35nmr color slides end/or dieital camera disc should be labeled and dated v/nan submitted along with the completed F~AL PROTECT SUMMAKY P~F. POKT. Visuals should illu~trate the final project product and, as appropriate, activities undertaken to complete the project. For example, some projects would call for visuals that include photographs o£volunteers participating in a wetland rostoration project (planting gpartina); phOtOgraphs of historical signs markers, kiosl~, etc. being placed; or photographs of an artist's rendering of a waterfront design. Design, planning, and co.~xuction projects call for different visual dueurnentation. Therefore, the following guidelines ate suggested: [] For desigu projects, visuals of renderings and/or ~aphics that depi~ tlm final product. [] Fo~ phnoing projects, visuals of any graphics, where appropriate, that illusu~te the final product [] For constrac~on project, visuals of work in progzess and the ~hed projeot, I~ addition to the 33mm color slides/digital camera d/sc, a video (vhs format) of'the project with a verbal description is desirable but not mandatory, The video maybe used in a future documentary. Al, AJ~'~ut NY$ Department of State. Minodty and Women-owned Business'Enterprises Program 41 State Street Albany NY 12231-0001 · (518) 474-5741 Minority and Women-owned Business Enterprises (MWBE) Program Quarterly Contractor Report INSTRUC310N$: 1. Please prepare reports based on calendar quarters, or prepare one annual r=porL 2. Use a separate Report sheet for each contract or program area 3. Record the amount paid for each serVice/product for the time period identified below. 4, Send completed report~ to the Minority and Women-owned Business Enterprises Program at the above address. REPORT PERIOD Report should cover a ca endar quaffer OR the program year, FROM: Entertheinc[usivadatesofthequarte~orfortheprogramyear. -~ '~" CONTRACTOR NAME CONTP, ACTOR ADDRESS NAME and "I3TLE of CONTACT PERSON VENDOR NAME and ADDRESS =lease Pr'mt) TYPE of VENDOR [] MBE o WBE [] MBE r~ WBE n MBE [] WBE [] MBE [] WBE [3 MBE D WBE [] MBE [] WB E D MBE ~WBE [] MBE [] MBE ~3 WBE DESCRIPTION of SERVICE/PRODUCT PROGRAM AMOUNT PAID THIS PERIOD TO: IDO$ CONTRACT NUMBER Service Area of Contra,~ Work ~( ) TELEPHONE NUMBER COMMENTS PAGE 1 of A1 - Attachment 4 PROJECT STATUS As of (Sebrait serai-annual!y and with each payment request.) Plebe listall tasks and indicate th~statua of each. Att~ach additional page~ if~ccs~r~. ~ Task ~ should niatoh the.task atanber in the Agr~m~at work program. ~ Aft i~dicate if Date .o'f~Completian'is Actual or Target Dat~ for anti¢ipat~ eomplgtion 0F the iask. · * Prodllc_~/Ac¢o.m, plia~am~nt$ should life products ¢a_mpleted or_o~et accomplishments, . . Task Date of pexc~nt of # MT ,Completion Comjal~ion ProductdAecomplishments Please nOte problems encountered, proposed ad]tlstment(s) to work progr*m/schedule~ and reason(s) for proposed adjustment(s): Please provide the following informatioff:' ' Hame of contact per,on: Email Address; Phone Number: Fax Number: Appendix B BUDGET S~RY $ $ $ $ $ $ $19,2~1.00 $0,00 $0.00 $0.00 $$0~709_00 $0.00 TOTAL PKOJECT COST $100,000.00 Tot~l State Funds (50 % of Total) Total Loedl Share (50% of Total) $50,000.00 $50,000,00 Appemdix B (Budge: Detail k. SALARIES & WAGES TITLE ANNUAL SAJ..ARY AMOIYNT CHARGED TO THIS PROJ'E~CT Senior Envlron'amnlal Planner $48,400.00 $9,307.00 Town Attorney $70,359,00 $464.00 Te. cb~ical Coordir~tor, $61,227.58 Supervisor's Assistant $44,720.00 $1,22g.00 Admirdst~ative Assistant $35,981.09 $989.00 Smior Euviroranental Plannor $48,400.00 $984.00 Tom Plann~ $60,035.87 $.396.00 Fringe for above emplcy¢cs ~37% $136,225.00 $4,442.00 SUBTOTAL $19,291,00 C. SUPPLIESfMATERIALS D. EQUIPMENT SUBTOTA-L $ 0,00 SUBTOTAL $ 0,00 SUBTOTAL $ 0.00 E. CONTRACTUAL SERVICES Scrvices fi:om ComoIl Cooperaliv¢ Extension or other consulmnt~; Bay and Creek Mooring Plan ImpIemenmtinn Education Program Erosion Management Measures W~tlands R~£ormulation SUBTOTAL $ 80,709.00 F. OTI-IER SUBTOTAL $ 0.00 Payment and R~porting Schedule L Payment Schedule The Department shall n~ke interim payments for eligible costs incurred up to an amount not to exceed 90% of the State lhmda Requested. The final payment will be made upon satisfactory completion of the Project. Not more frequently than once ~ 30 days, a properly executed payment request~ on ton'ns as prescribed by the Depa~hnCnt, and rex!uirod work products documenting completion of one or more of the tasks set foi~li in Appendix D, Program Workplar~ and total project costs incutzed to date, may be subm/tmd. Payn~nt provided above shall be m~le to the ConU~etor upon th~ submission by the ConU~ctor of properly executed payment request. Such request shall contain the followin~ (1) "Smanm~ Sheet Documentation Forms" as provided by the Deparm~nt, for reimbursement of actual and eligible expenditures, (2) the required Detail Study, and (3) a properly executed State Voucher. Payment requests w/Il be reviewed in accordance with the terms and conditions of this Agreement to determine total allowable project costs incurred and the number and percentage of allowable project tasks completed to date. For the purpose of determining the level of reimbursement, otherw/se allowable project costs may be reduced if the percentage of task completion is deemed insufficient. Total allowable project costs, adjusted pursuant to 2. above, will be prorated between State Funds and Local Share costs in the same proportions ss Total State Funds is to Total Local Shore as set forth on. the Face Page. 4. Interim payments wilt be issued in amounts equal to the State Funds calculated in 3. above, less all previous payments to date. The final payment will be issued upon receipt and approval of a payment request marked "FINAL" documenting all project costs incurred and tasks completed aud submission of the Final Project Summary Repor~ and Measurable Results Forms. Such final payment request shall be submitted within 60 days following the ending date of this Agreement II. Reporting Payme.nat requests as described in I.B. above shall be certified by a duly authorized representative of the Contractor as accurately representing such accomplishments and expenses as recorded in the Contractor's accounting records, including, where goods or services are provided by third parties not party to this Agreement, a certification that any payment obligations arising from the provision of such goods or services have been paid by the Contractor and do not duplicate reimbursement or costs and serdces received from other sources. B. Notwithstanding the above requirements, upon written notification by the Dep~mcnk the Cont~raetor may be required to submit source docurncntation and additional verification of alIowable expenditul~s. C. Payment requests shall be submitted to: New York Stat, Deparmaent of State Contract Administration Unit- LWRP 41 State Street- 10th Floor Albany, New York, 122314)001 Claimed expenditrtres per cost category may ~iot exceed the amotmts indicated in the Budget, Appendix B, by ten percent (10%) without approval of the Dq>artment, provided that th~ Total Project Co~ as set forth in Appendix B, Budget Summary is not exceeded. Any expenditure in excess of such 10% or that changes the State Share or Local Share ftmding amount shall require an amendment to the Projeot Budget submitted in writing by the Contractor and approved by the Dapa~h~ent. No expmditures shall be allowed for items not set forth in the Project Budget without wrir0m approval of the Depa~tment~ _Other Notwithstanding the submission of timely and properly executed pa~t requests, thc DepaLlimmt shall be under no obligation to make payment for exp$nditures incurred without the prior Department approvals and/or amendments required under this Agreement and, further, shall have the right to withhold any such payment pend~g the execution of such approval and/or amendment. later*st income earned on funds received pursuant to this Agreement shall he used to further the purpose of this Prgject or shall be deducted from total eligible cost to determine the net clig~le costs to be reimbursed by the DepaL huent. The Deparmaent shall have the right to conduct on-site prOgress assessmcnts and ro~icws of the Project and Contractors books and records during the life of this Agreement and for a reamnable time f611owing issuance of the FINAL payment. The Con,rector shall furnish proper facilities, where necessary or useful, for such access and inspection. The Department shall be entitled to disallow ~,,y cost or expense, or term~,,~*~ or suspend this Agreement, if found that the Contractor has rrdsrepresented any expenditures or project activities in this Agreement, or in any progress reports or payment requests made pursuant hereto. The Contractor shall maintain separate fiscal books and records for ail funds received through the Department and project activities conducted pursuant to this Agreeraent, a_nd shall make all such books and records available to the Depa~t,~ient, the Office of the Sta~e Comptroller, or their designated representatives for inspection and audit for a period of six years following termination of this Agreement, APPENDIX D PROGRAM WORKPLAN Contractor; Program Contaot Person: Phone: (Offi¢¢) Town of Southold Valerie $copaz, Town planner 631-765-1938 631-765-3136 Implementation of Priority EWRP Projects 1. Project Description The Town of Southold h~ completed a Draft Local Waterfront Revitalization Program (LWP, P) and is finalizing tho document for formal re'~iew, adoption and approval. The Town has identified a series of priority projects that will improve the ability of*he Town to manage its coastal resources and implement the policies of the LWRP and further other Town planning initiatives and the goals of the Peconic Estuary Program, the Long Island Sound Study and the Long Island Sound Coastal Management Program_ These include the preparation of mooring plans for the Peconic Estuary and associated creeks, the development of sedimentation and erosion management measure,% development of an educational pro,am regarding the LWRP, and reformulation of wetlands Icg/slation to axldress Board of Trustees needs. This will further work developed under previous LWRP ~m-ants from the EPF- The Town of Soathold has developed a partnership and contracted with the Marine Pro&U'am of Cornell Cooperative Extension of Suffolk County to complete work related to the implementation of the Town's LWRP. This partnership will be extended to cover the tasks associated with this work plan. 2. Project Attrlbntion and Number of Copies The applicant must ensure that all materials printed, constructed, and/or produced reflect thc Department of State, Division of Coastal Resources logo, mad aclmowledge the ,ontrlbutions of the Division to the project_ The materials must include the following acknowledgment: "This (document, report, map, etc.) was prepared for the New York State Depa~tn~nt of State with funds provided under Title 11 of the Environmental Protection Fund." The municipality must submit to the Department of State three copies of all written reports and support'/~g graph/cs, final design documents, and other printed materials. 3. Component Tasks Task 1. Project Seoping The Town of Southold, the Department of State, and Comell Cooperative Extfmsion of Suffolk County shall hold an initial meeting to review goals and target& project requirements, work schedule, and existing information and data. Areas of the project where additional consultant services may be required will be identified. Points in the project timeline where approval by Department of State is required prior to commencement of additional tasks will be determined and articulated. A determination of local responsibility for project oversight, in¢Iuding whether a Steering Committee will be formed with local stakeholders and government agencies, will be discussed. If there will be a Steering Committee: determine D-2 its composition. A brief meet/ag summary will be prepared indicating thc agreements/understandings reached at the meeting. Product: Summary of scoping meeting Task 2: Contract preparation and exc~ation Tho Town of Southold shall prepare a draft contract with ComelI Cooperative Extension. The con~act shall · contain a detailed work plan with adequate opportuni/y to revicw stages in completion of tb.e products, a payment schedul~ (payments should he tied to receipt of products fn thc work plan), and a project cost. The draft contract will be submitted to the Department of Slate for review and approve. A copy of the final contract, incorporating thc DepatCra~nt of Slat*'s comments on the draft, will be provided to the Department of Stau:. Product: Executed consultant contract. Task 3: Request for Proposals (if required) The Town of Southold shall clmft a Kequest for Proposals (RFP) including a complete project description, expected final results, and criteria for selecting a preferred proposal. The RFP will be submitted to the Department of State for review and approval prior to r*lcase for solicitation of proposals. Product: Approved RFP released through advisement in local papers and other appropriate means. Task 4: Consultant Selection (if required) In consultation with Department of State, the Town of Scuthold shall review all proposals received as a result of tl0e RFP. The consultant selected is subject to approval by ~he Department of State. Product: Consultant selected. Task 5: Contract Preparation and Execution (if required) The Town of Southold shall prepare a draft contract to conduct thc work with the selected consultant. The contract will contain a detailed work plan with adequate opporturdty to review stages in cm-npletion of the project, a payment schedule (payments should be tied to receipt of products in the work plan), and a project cost. Submit the draft contract to tho Deparmxent of State for review. A copy of the final contract, incorporating the Department of State's comments on the draft, will be provided to the Department of State. Product: Executed consultant contract Task& Proj'~Ct Scoping Session (if required) " The Town of Southold, the Department of State, Cornell Cooperative Extension and the consultant shall hold an ~nitial meeting to review project requirements and sffe conditions and to tra~]s£er any infonnafion to the D-3 consultant which would assist in completion of thc project. A brief tr~etlng summary )rill be prepared to clearly.indicate the agrccrnents/undarstandings reached at the meeting. Product: Scoping raeeting with appropriate parties. Meeting summary with note of agreements/undcrstandings reached. Task 7. Town of Southold Mooring Management Plan In preparing a Mooring Managcraent Plan for the Peconic Estuary and associated creeks the Town will: Collect and analyze existing data on the location and usc of moorings, including collecting new data through the use GPS and GIS technology to map locations of existing regulated and unregulated mooring fields, creating digitized mooring maps of existing moorings and analyzing the efficiency of these existing mooring patterns. Exangne location of moorings with regard to significant natural resources such as SAV beds and shellfish resources in order to avoid conflicts between moorings and natural resources, Examine location of moorings with m~ard to navigation channels, n~arinas :md boat launch~s in order to avoid conflicts between moorings and other users of the water surface. Examine alternative mooring types and patterns, and develop alternative solutions to different mooring field problems found in the field analysis e.g., public moorings of alternative designs that permit greaWr control over siting and capacity. Finalize digital mooring maps for use by Town Trustees and Bay Constables to improve permitting and enforcement activities. The Mooring Management Plan will also re,dew Town procedures for the issuance of mooting pemSts and provide recommendations for improvements to this procedure includi:ng monitoring and inspection of moorings and enfomgment. Thc Mooring Management Plan will build on information contained in the Draft LWRP and the Town of Sonthold Harbor Management Plan (1995). Department of State review of interim products and approval of £ma] products is required. Product: Town of Soathold Mooting Management Plan, including digital mooring field data and mooring maps and procedures for mooring regulation and enforcement. Task 8. Erosion 3/lanagement Measures In preparing erosion management measures, the Town will: Digitize locations of, and analyze conditions at existing erosion control and slope destabilization sites on Town of Southold shorelines, Develop appropriate generic slope stabilization, regrading, and landscaping guidelines for use by property owners, builders, architects, and Town officials :md incorporate these in thc Town Code. Publish guidelines and disseminate information to propert7 owners, builders, developers, architects, :md?<: ' appropriate Town officials. Department of State review of interim products and approval of final products is required, Product(s): Digital erosion site data; written guidelines on erosion control, code amendments. EE ~9~d SSD~OSB~ qVlS~OO ~9P~i~8IS Si:E~ D-4 Task 9. Reformulation of Wetlands Legislation The Town Board shall establish a co.a~ittee to ~uid¢ the w~I~nd law reformulat/on, consist/ag of Town Ofcials, regulators, planners, local citizens and the businzss community. The Committee wilt be charged with the review of current wetland regulations and will make recommendations as to where changes can he made to improve protection of wetlands. This will kiclude a systematic review of wetland regulations used in other municipalities in Suffolk County. Using cxlsfing studies and in coordination with appropriate scientists sad re~lato~ agenc/es, the Tow-n will establish Town-wide wetland reference sites of ali types. Thesc d~s will be used to provide/nformation to thc comm/~tee on wetland conditions in Southold and will also provide a benohrnark against which future monitoring on the effectiveness of reguhtion and manag~ncnt can be based, Thc Committee will make recommendations on new buffer zone definitions and justii%atio'ns,/'or inclusion in the revised Town wetland law, Thc Committee will also review existing wetland delineation methodologies and, where necessary, develop new wetland delineation methodologies, based on input from municipal officials, scientists, regulazory agencies, and new field work conducted at the reference sites, Dep~ Uncnt of State review of int~Xim products and approval of f'mal products is required. The Committee will mak~ recommendations to the Town Board/'or changes to the Town's wetland law. The Town Board will adopt changes to the Town wetlands law. Product(s): Ide~t. tiffed wetland reference sites; wetland delineation and buffer zone policies; new Town Wetland Law(s). Task 10. Development of an LWR]P Educatiolml Program The Town of Southold will develop an LWR.P EducationaI Program. This program will identify both short- term public education needs and appropriate media and outreach techniques, e,g.~ public meetings about LWRP implementation, public meeting~ about new wetland legislation., and long4e~ m public education and awareness needs and appropriate media and outreach techniques, particularly 7outh-oriented, participation programs that can be coordinated with local school disfficts. The Town will then develop further selected outreach campaigns and educational programs, including program plmming and design of materials, signage, flyers~ and/or other iteras. Department of State review of interim products and approval of final products is required. Product(s)~ Short-term and long-term priority education programs planned and materials designed. Task 11: Quarterly Reports The Town ot Southold shall submit to thc Department of State qu, m'terly r,ports on the form provided, ...: inc~uding the extent ~f w~rk ac~mp~ished~ any pr~b~ms enc~untered~ and an¥ assistan~e necded~ Ifa quarterly payment request is submitted, the qumerly report may be submitted as part el'the payment request. ProductS: Qtmrterly reports during the life of the contract. D-5 Task 12: Project completion and MeazurableResultS Upon completion of the project, the consultant shall submit a statement to the Town of Southold that thc work ha~ bc~n completed in accordance w/th the enntmct and all p~rrnlt requixemanta, where 2pplicable_ The consultant shall provide the municipality with all reports, analysis, data, GIS layers, and products as specified in this work program. The Department of State shall concur that thc work is complete pr/or to *.he municipality paying thc consultant and/or submitting m the Department of State for final payment o£ grant funds. The municipality shall comple~ the Measurable Results form attached to th/s work program snd provide a copy to the Department of State. Product: Completed Measurable Results form. 4. PrOjeCt Management Responsibilities: Town of Southold · The Town of Southoki is reaponsible for ensuring complu~tion of all work program tasks, reporting on progress and obtaining required approvals from the Depar~ent of Smte, and providing the Department of State with copies of materials produced. The Town of Sour. hold is responsible for soliciting input and comments from key local official staff, project participants, and other appropriate interests. · The Town of Southold will secure all necessary permits and perform all required environmental reviews, where applicable. · The Town of Southold is required to conduct meetings at appropriate intervals from the outset of and during thc project to solicit concerns, comments snd suggestions. Meetings should involve appropriate local officials, the Depamnent of State and other appropriate government agencies, the project consultant, and other appropriate interests such as property owners, waterfront businesses, other private sector interests, project volunteea's, civic groups, and the public at large. Public participation should occur early and consistentiy in the process t~rough informational meetings, workshops, project presentations Consultant(s) · The consultant shall subm/t interim, draft, and final Frodu~ts to the Town of Southold and thc Department of State, The subrnission of interim products is required to ensure the project is on schedule and project objectives are being achieved. Subsequent draft reports and products must respond to and reflect comments received from the Town of Southold and the Department of State to the satisfaction of the Town of Southold and the Department of State. Department of State The Department of State will review and approve the subcontract between the Town of Southold and the consultant, Approval by the Department of State of any and all consultant subcontracts is necessary before · The Department of State shall participate in meetings that important to the project's completion The Department of S/ate will review all interim, draft, and final products and provide comments as necessary to ensure project objectives are achieved. Other Agencies ' Appropriate log. a!, coenry, state, and federal agencies will be consulted, lntezageney workshops/meetings may be conductC~t to improve communication and understanding about project objectives and needs; gain support from government agencies for permitting and financing;, coordinate government agency actions; and. to foster thc redevelopment process_ Agency Code: 19000 Contract Period; Coraract bio.: C006213 Ftmding for Period: $50,000.00 This is an AGREEMENT b,.~a~,~'en TIIE STATE OF blEW YORK, acting by ~d through ~e New York State Depaltmem of Stat~, having its pr~¢ipal office at 41 State Stze~ A~omy, ~ew Yor~ 12231 (~r~ ~od to ~ ~ STA~), ~d Town of So~thold ~f~d to as ~ CO~OR), for mo~ of Goner N~ ~0621~, ~ ~d abov~ ~ ~ ~ched A~en~c~s) All other provisions of said AGREEMENT shall remain in full force and IN WITNESS WHEREOF~ the pa~cs hereto have executed this AGKEF2/iENT as of the d~rtes appear/rig under their signatures. CONTRACTOR SIONATURE By: By:. (prkut nan.) (print nsm~) Titlc: Title: of this contract" St,-,te of New York ) Comty of )ss: On this day of ,20___, before me personally came to me known, who, being by me duly sworn, did d~osa and say that hc/shedthey reside(s) in (if the pla~ of resident is in a city, include the street and street number, if any, thereof); that hedshe/they is(arc) the (title of officer or employee) of the . (nam~ of municipal corporation), described i~ and wb/ch ~xecuted the above insUmment; and that he/sbedthcy signed his/her/th~ir name(s) thereto by authority of the governing body of said municipal corporation. NOTAI~Y PUBLIC STATE COMPTROLLER'S SIGNATURE Tkle: Dam: STATE OF NEW YORK DEPARtNENT OF STATE 4 ] STATE STREET ALBANY, ~ I 2~3iqDOOI GEOR(~e E. PATaK, I September 30, 2004 R~I, IDY A, DANIELS Honorable Joshua'Horton - Super~fsor Town of Southold Tox~m Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Re: Agreement #C0062 l 3 Implementation o f priority LWRP proj ects Dear Super~,isor Horton: Enclosed is a fiJ21y-executed copy of an amendment to an Agreement between the Town of Southold and the Department of State for the above cited project which extended the termination date of the Agreement to March 31, 2005. If you have any questions please contact me at (5 l 8) 473-2466 or lparent@dos.state.ny, us. Truly yom's, ~a~mssa Parent, 5ecretaD. ~ Division of Coastal Resources Enclosure cc:' V. DeBraccio Valerie Scopaz W~VV. DOS. STATE. ~1 ¥. U~ E-MAIL: INFO'DOS .STAT~.N¥. US ~ ~ Y APPENDLX X Agency Code: 19000 Contract Period: 01/02.,03 to 3/31'05 Contract No.: C006213 Funding for Period: $50.1)00 This is an AGKEEMENT between TF[E STATE OF NEW YOKK_, acting by and through the New York State Department of State, having its principal office at 4i State Street, Albany, New York, i2231 (hereinafter referred to as the STATE). and Tm~m of Soutbold I~_ereinafter reter~ed to as tb_e CONTIL&CTOR), for modification of Contract Number C006213. as amended above and in attached Appendice(s) All other provisions of said AGR.EEMENT shall remain in full force and effect. iN WITNESS WHEREOF, tire pames hereto haw: execuled this AGREEM'ENT as of ~he dates aplSeatmg undet their hgnamre~. Title: SUPERVISOR, TOWN OF SOUTHOLD Date: NEW 5.-071-i STATE fitle: ACKNOWLEDGEMENT State of New York Count' of "5=o~.r-~'O ~- t< )ss: On this .~ day of_ /~r~ ~ ,20 ~ before me personally came ~WOW/~ _~ /~pr1~ to me ~ox~m. w~o, being by me duly sworn, did depose and say that he/she/they reside(s) in ~ ~ ~ ~ (if the place of resident is in a ci~, include fl~e s~eet and s=eet number, if any. thereo0; tlxat he,s~e,'they is(are) ~e ~'~f~ ~/~0 ~ (titleofof~cer or emp[o~.'ee) of the ~w~ ~ ~O~(name of m~icipal co~orationL d~scfibed N and which executed fl~e above itutmment; and tMI he,'she/they signed his/her/their ~me(s) thereto by authoriB~ of fl~e governing body of said municipal co~orafion Apptov'.~l: Alan G. Hevesi Compn-oller B~: Date: