HomeMy WebLinkAboutNYS DEC St. Assist Payments ELIZABETH A. NEVILLE
TOWN-CLERK
REGISTtL~R OF VITAL STATISTICS
IVLAR~IAGE OFFICER
RECORDS MANAC-EMEI,~T OFFICEi{
FREEDOM OF ]lkrFO~TIOAT OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS ISTO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 395 OF 2002
WAS ADOPTED AT THE. REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON JUNE 18, 2002:
WHEREAS the Town Board of the Town of Southold h~rein called the "Municipality" has
hereby determined that certain work, as described in the State assistance application and any
amendments thereof, herein called the "Project," is desirable and in public int~rest~ and
WHEREAS, Title 5 of Article 54 and Title 4 of Article 56 of the Environmental Conservation
has authorized State assistance payments ro municipalities for closure of muuicipal landfills by
means ora written agreement and the Municipality deems it to be in the public interest and
benefit under this law to apply therewith;
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold
That Supervisor Horton is hereby authorized and directed as the official
representative to act in connection with any application between the
Municipality and the State, and to provide such additional information as may be
required;
That one (1) certified copy of this Resolution be prepared and sent to the
Director, Division of Solid & Hazardous Materials, New York State Department of
Environmental Conservation, 50 Wolf Road, Albany, New York 12233-7250,
together with the application; and
3, That this Resolution take effect immediately.
Elizabeth A. Neville
Southold Town Clerk
JOSHUA Y. HORTON
SUPERVISOR
Town Hall, 53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Fax (631) 765-1823
Telephone (631) 765-1889
OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD
July 1, 2002
Resource Management Section
Bureau of Program Management
Division of Solid & Hazardous Materials
NYS DEC
625 Broadway - Floor 9
Albany, NY 12233-7250
Dear Mr. Hammond:
Re.~
Environmental Conservation Law, Article 54, Title 5
Non-Hazardous Municipal Landfill Closure Projects
Contract for State Assistance Payments for Municipal
Landfill Closure Projects
Southold Landfill (Phase 2), Suffolk County
With regard to the above-referenced project, enclosed please find the following:
Five executed and notarized original copies of the proposed contract between the DEC and the Town
of Southold for State Assistance. One original copy has been retained for our files. Please note that on
each contract the former Supervisor's (Jean Cochran] name has been replaced with the current
Supervisor's (Joshua Horton) name and each change has been initialed.
Five original certified resolutions of the Sonthold Town Board adopted June 18, 2002 in which the
Supervisor ~s authorized and directed as the official representative to act in connection with any
application between the Municipality and the State.
Should you require additional information, please contact my office.
Sincerely,
/3oshua Sup ; o on
/
/rbw
New York State 'Department of Environmental Conservation
New York sfat~,'~h'eir:odmental C~)ns~r~aI ~fi LaW!,~(~L)~"A~i~I~, 54,
~tle ~ Non~Zardous Municipal'~ndffll .C~s~re pro~OC~'
Contract ~or 8mte~ssist~nc~ ~avm,fit~
For ~fiicipal: landfill ClOsure project~,;
This is acontract made under Article 54 of the Environmental
Conservation Law
BETWEEN
The New York State Department of Environmental Conservation
(Hereinafter referred to as the "Department")
with offices at 625 Broadway,;9~,Floor, Albany, NY 12233-7250
AND
The Town of So-uthold
(hereinafter referred to as the "Municipality")
with offices at 53095 Main,Road Southold', NY 11971
Page 1 of 12
WHEREAS, the State Legislature has determined that the existenca
of inadequately closed landfills is a significant threat to New York
State's environment; and
WHEREAS, the Department is authorized by Article 54 of the New
York State Environmental Conservation Law to enter into contracts
on behalf of the State to provide State Assistance to Municipalities;
and
WHEREAS, the Municipality has applied for State Assistance for
their Municipal Landfill Closure Project; and
WHEREAS. the Municipality agrees to undertake all work and to
comply with all terms and conditions of this contract; and
WHEREAS. the Municipality has filed with the Department a duly
adopted resolution authorizing it to make an application and to enter
into and execute this contract for the purpose of receiving State
Assistance; and
WHEREAS, the Municipality represents that it has the legal status
necessary to enter into this contract and has authorized the person
signing this contract to do so, as evidenced by attached certified
resolution of the Municipality's governing body; and
WHEREAS, the Municipality agrees that it will fu~nd i'~s.pR¢i0n
cost of the Municipal Landfill Closure Project; and
WHEREAS, the Department's execution of this contract is made in
reliance upon the information provided by, and representations of,
the Municipality in its application papers and in this contract; and
WHEREAS, the Municipality has an obligation to close its landfill
under the permit condition, administrative order, or court order
creating the obligation; and
WHEREAS, the 'Municipality is compliant with and commits to
continue to comply with the requirements for State Assistance to
Municipalities established under Article 54 of the-ECL and. 6-N¥CRR ............
Subpart 360-9;
NOW, THEREFORE,
The Departmentand the Municipality agree as follows:
1. Definition~
A. Terms used in this contract nave the same meaning as set forth in 6
I~I¥CRR Part 360 and Article 54 of the ECL.
B. I~ add!tion~ ~he fbliOWin~:terms in th:is core'tract have the,,fellowing
meanihgS:
(I) "Con{rector" in ApPendices A and B means the Municipality;
(11) "P Kd '' '
Mu~ni~!p,aJity;a es, m Appendtcesl. ,A and. B~,,means the Department and. ~ the
"Proj~ect' me, ans the,MunJcipat Landfill Qosure Proje~ of the
,Mdn c pa ~,~:
(IV) "Muri~ipal, l~n'dfill_Cle,s,ure PrejectWork Plan"~rrr~cat~s a dbcument
whict~rO¢~e~ ~heidu. e of,comp, et. on ~or
(V) "Re Urse~en~,,~' ']" ~' ~-,~.'" ~, ,-~-,!~4.. ' .,
rn~ ...... pp4ca.~or, Sc....,d.fln
provides ~.~ sohedL. 16 f(;r r~,:r',~)~,, s,';r.~en[ a'pp.ic~Jor:s (See ~ttachment
No, 2);; ,
(VI) "State Ass, is~ance~ ~eans any money provided as'.a reimbursement
under Titl6 5;of.~f~;fe 54 of the ECL;
(VII) "Eligible O0stsf' ~e~ns the Capital cost of a Mun.icipal ,Landfill
¢lo~ure, Prbjeet as defined in. 6 NYCRR Sect on~360-9.6, eligible
&nd'ine!~gfb~ costs; and
(VIII) Landfill Cl~SUre~ite,~.",as, defined by6N¥CRR,Bart360,-9.2(B)(4)
means the part ~f (he d sP°sa fac ty be ng cl~,s~d 4n4e~h s
contract.
2. State Assistance
The Department agrees to reimburse one half [fifty percent) of the
Municipality's eligible costs for the Municipal Landfill Closure ,Project, The
Department's reimbursement to the Municipality under this contract,
however, must no~ exceed the sum of.
Eight hundred sixty-seven thousand five hundred dollars and no cents
($867.500) Only those costs incurred during the term of this contract are
eligible reimbursement.
The Municipality iseligible to receive a maximum of $2 million.,for the
closure of the entire site, as defined by 6 NYCRR Part 360~1.2(B)(154),
regardless of whether or not the landfill is being closed in phases.
Page 3 of 12
B. The Municipality agrees to:
(I) complete the Project in accordance with ptans and reports as
approved by the Department;
(Il) Perform the closure work according to the attached schedule of
completion (See Attachment No. 1);
(Ill) File progress reports at the intervals stipulated in the attached
schedule (See Attachment No. 3);
(IV)
Submit to the Department all Project changes which may substantially
alter the nature or scope of the Project and affect the Municipality's
ability to comply with all applicable laws and regulations; and
(V) Stop receiving solid waste at the landfill closure site within 18 months
following the approval date of the application for State Assistance.
State Assistance payments will be made to the Municipality in installments
as listed in the Reimbursement Application Schedule (See Attachment
No. 2), which is attached and is cart of this contract. Reimbursement
claims must be made On a New York State Aid Voucher and must be
accompanied with adequate documentation as outlined in Appendix C.
The Department will retain ten percent (10%) of each payment made to
the Municipality. The retainage (10%) is to be paid to the Municipality
when the Department corr 2letes its final inspection and approves the
Project as complete.
If additional State Assistance monies become available for the closure of'
the landfill and the Municipality does not have a contract for the full
amount for which it is legally entitled, then the Department may take
reasonable and appropriate action to amend the amount of State
Assistance payable under this contract to the Municipality.
If the Municipality fails to comply with the terms of this contract, or with any
applicable State and Federal laws and regulations, or
(I) Fails to complete the Project as planned;
(Il) Fails to proceed with the Project as scheduled;
(111) Faits to file progress reports at the intervals stipulated in the attached
Schedule (See Attachment No. 3);
(IV) Changes the Project in any way that will substantially alter the nature
or scope of the Project; or,
(V) Transfers the ownership of the landfill orany portion of the landfill
without advance wdtten approval from the Department;
Then the Department will notify the Municipality of such failure.
Page 4 of 12
The Department will pet thereasor~s for'the failure determination in Wdting and
will allow the Municipality a period of time (to be determined bythe Department
and stated in the letter of'failure determination) to correct the failure. The
Department will withhold all future State Assistance payments under this
,'contractuntil the failure has been corrected to the satisfaction of the
Department.
If the failure i~s not corrected within the time pedod established by the
Department, then:.tf~e Department will notity the'Municipality that it i~'in breach
of ~o,dt~abt. If the MUnicipality,is,ip breach of contract, then the Municipality
ragre ,6e t~immediately repay to tl~e Department any State Assistance monies
received I~y the Mur~icfpality uhder this..co, ntract, plus appropr ate ntarest, as
p,.m., d,.,,., b; ........ h,, ,.luq.c,:,,... · / ,... s ,o. epay the State, Assistance w~thln
, . ........ : ~. i,; , ,u ,=es that the. Depart,men1: ma~ftake
· ; . ,, . ......... .~ .......c,./.,.y, of.ut~repaldStateAss!~arrce
mc;Jcl-g :u,lt rut l..:'i:.:;d ~o, I:'.c deduct'n:~ o?monies fr0m other:S, tate·flr[anc[at:
Municipal Cost Recovery from Other Sources
A. The Mup[clpa!f~ agrees~to~tak, e all reasonable steps to recover Its Project
costs from,~dth~'seurces add:to assist i~ its effort to recover the State'~
Project coSts fJ~dm 0tf~er Sources,
B. At the Dep~e,~t*s (eqq,~st, the Municipality taus1 provide the Department
with docume~idh ~t~isteps taken unSer subparagraph A ab~0~e;
C. The estimated eJigible cost of the Prej.,e, ct, upon which State Assistance is
calculated, mU~not nclUde ahy costs Which are paid or committed tO the
Municipality fertile Munj~:ipal Landf O osure Project from other sources.
grants. ~;'"¢. r
'natar":., ,:, ,.o.
'" byt~e
( ....i ...... .::mo:, c,:'iq.?..ed soil, that is received Janafi!~,
after the landfi]t.:~as' cea~d accepting waste for the purpp ,s,e of ach e~ing
closure grades~
The Municipality must proyide the Department With timely notice of any
costs paid o~ cbm~tted 't6 the Mu nicipality for the Municipal Landfill'"
Closure Projec~ from oth'er Sources.
If there ale an~r~payments made or committed to the Muni~;ipalfty for the
Municipal Landfill Closure Project from other sources which were not
included in the, calculation of State Assistance, then the amount of State
Assistance will';be recalculated accordingly and the Munidpality must
repay to the St~ta the amount by which the State pay?ant exEi~edS the
reca cu atad State Assistance. ~ -
Page 5 of 12
If the Municipal~ fails to repay the State Assistance within 365 days of
notificafion, the Municipality agrees that the Department may take any lawful
measure relating to the recovery of unrepaid State Assistance including, but not
limited to, the deduction of monies from other State financial aid to the
Municipality.
4. Proiect Insurance
The Municipali[Y agrees that it wilt require each Project consultant, Project
contractor and Project subcontractor to secure and deliver to the
Municipality appropriate policies of insurance issued by an ~nsurance
company licensed to do business in the State. These policies must name
the Municipality as an additional insured, with appropriate limits, covering
contractor's public liability and property damage insurance, contractor's
contingency liability insurance "all-risk" insurance and worker's
compensation for the Project. The Municipality Will require that copies of
the applicable insurance policies be made available to the Department for
review upon request.
The Municipality must require each Project construction contractor and
Project subcontractor to provide specific performance ana payment bonds
each in amounts not less than the contractor'~s or subco.ntractor's contract
price. These bonds must remain in effect for one year beyond the date of
final inspection and acceptance by the Municipality of any work under such
contract. The Municipality must participate in the Flood Insurance
Program if any permanent construction is located in a flood hazard area
delineated ey the Federal Department of Housing and Urban
Development
5. Proiect Management
The Municipality agrees that it will complete the Project irt'accordance with ..................
the Municipal Landfill Closure Project Work Plan (See Attachment No. 1),
plans and specifications, and any amendments approved by the
Department or approved by a court having the appropriate jurisdiction.
B. The Municipality agrees to develoo and submit to the Department an
approvable Project Management Plan by N/A
The Project Management Plan will descdbe the MuniSipality's Project
management structure, personnel qualifications, procedures for field oversight and
the specific recordkeeping, cost accounting and cost control responsibilities and
procedures used to:
(I) Identify all eligible arfd ineligible costs and segregate each category of
costs in separate accounts; and to
(11)
maintain adequate accounting and fiscal records which show the
receipt and expenditure of all monies for the Project. These records
must be made available for. audit by the Department and/or the State
Comptroller for a period of six years after the final payment for this
Project.
Page 6of 12
The Project Management Plan must be approved by the Department before
any State Assistance payments are made to the Municipality.
C. The Municipality will permit,the Department to participate in all its
.,m, eetings' ancf conferences WI[h ¢espect to)tf~e l~r~ject. Upon~ reques~from
the'De~artmeft;'the M~n cip~iity m~st submit:t~:~e Department repo~;
docdm~e,n, ts; data, ~ont~aett]~l documents, adm nistr~t v~ records and other
iii'form~t,bn Per~rient to t
ques,.on and l.hat the work c~-'.r: !;o mar6 ecoromical[v
or; ." 2me:y basis by ,tho '.ese .of~,,be M:mic:paF,.y's or::~!oyoes.
&'r'v wo"k o.~ r:b,-; (;(' by he ?, L li6: ;nil V'S -malarias 'v:;ich foes nnt~ -
.t;¢e.v.; ,',. h.ef. D(..'~3¢..I'..P.. ~..pal~)',¢l ~.'.lh
w'iLo2 .Dep',..'ir~.:ne:;~ auprov;2i is g~vc2 ~o use :he ML;:ic:,:~c.:i.;.'s e>f~dloyr;os
'o: a spoclf:¢;d task or activity, th,.;!M,.::~ic!p8!;i7 mus: :~;~::~ :[gin suc!:~ i:ecorcs
as ';.he.Dr-:par'c'nc:'~t wiS: :'.~)¢.,.li,r o :a doct.l.r,~ei';t. ;:~eso c,'3,$.s. '
. e ~..t.~ ~Cl!.~,,?~ ....IS. ~,~.
· ~ ~S I( , .el .q ce . C~ s., :~.> .ne .... e aT No,, Y,,,K. I'i3eJfcensed
~, of, ,-, ~ ,,, ~ .¥~,,~ .,;ii ¢,ppr,s ,:~
,.(,,',,.~ d,:, .,,,'; w..I. Do:;r-'.rene;L :.',pprovec :~ir~rs al'e, s,'..oc,i~c;.:,':d~;s.'
spo(¢."icsl:o:ls.~]'t~e Mt:ric.:~ali:'.,: flrt;'er a,'.;reos ~o a~v'~.:rd Froje$!'con:.-r~cls
w;thin a R)r.:scca;bL,; -'.ime
Tha M; m'cL'.mlity ~';,zr,'~:x-. "o resolve a!] bJd~protests and to notJf'¢ the
Df;pr.;n:Tle:~t or each bid Ul'O[s~i and bow itwas resolved.
Tbs M~nJcip3J~[' rc~pi;eSSn{.~ '.!':~;i"i~ ':~s~s ~'will,~btain,.the ttle t~,or s~fficient
interest in :!~e Pro!ecl s.[c. ir'cludi"lg dglit~-,of~.~y an¢ ~eces~Cy .
ea~ements,.b¢[ore, the' start of c.o, n~ruct~o~ to ensure undistur]~ed use and
pos:sessi0n',b~ eug00Ses df construcl~fon and ~bmplet~on of the Project.
The Municipality agrees that it is fully resp~nsible.for the mai~enance and
monitoring of
The Municipality agrees that all ~vor.k performed in re[ation to the Project
by the Mui~lcip~lity or ,its ~agent§~ reeresentatives, or contractors will
conform to applicable, F',~deral, State a:n~l Local laws, ordinances, rules and
regulations an~,standarcJs.
Page7 of 12
6. Inspection
The Municipality' wil! provide the Department unrestricted access to field
work dudng the preparation and progress of the Project. The Municipality
will require that ail contracts and subcontracts relating to the Project will
contain provisions for unrestricted access and inspection by the
Department.
Facilities by the Department or equipment purchased with State
Assistance provided under this contract will, upon request, be made
available for Department inspection at any reasonable time by the
Municipali~.
The Municipality agrees to notify the Department when the Project is
complete. The Department will when the final written Project certification
is received from the Municipality. conduct a final inspection to vedfy if the
completed Project meets all applicable laws and regulations and contract
requirements.
Additional Obliqafions and Responsibilities of the Municipality
The Municipality agrees to be in substantial compliance with its obligation
to close the landfill and to waive any right to assistance under
Section 27-1313 of the Environmental Conservation Law.
The Municipality agrees not to construct a new landfilI over the landfill
closed under this contract and to monitor and maintain this closed landfill
in accordance with all applicable Department regulations effective at the
date of this contract.
If a Municipality closes its landfill in phases, the Municipality agrees to
close all subsequent phases of this facility in accordance with Department
regulations for new landfills which are in effect at least six months before
the subsequent phase becomes inactive.
8. Signs
In recognition of the State Assistance provided under this contract for the
Project, the Municipalit"y shall ensure that any identifying signs that relate to this
Project will note that portions of the Project are assisted by the State of New York.
9. No Waiver of Remedies
The Municipality shall not be required to make any demand upon, pursue
or exhaust any of its rights or remedies against the State. The State shall not be
required to make any demand ~ ~on, pursue or exhaust, any of its rights or
remedies against the Municipality. A delay or omission by the State ortho
Municipality in exercising any dght under this'centra~hall not operate as a
waiver of that dght or any other right under this contract. A waiver on any
occasion shall not be construed as a bar to or a waiver of any dght and/or remedy
on any other occasion. No waiver or consent is binding unless it is in writing and
executed by the Department and the Municipality.
Page 8 of 12
10. Appendices and Attachments
Appendix A, "Standard Clauses for All New York State Contracts,' and '
Appendix B, "Standard Clauses for All New York, S~tat. e,~Departrnent of
Enwronmental Conservat~or! contracts are attachedand madea part of 4h~s,~:
co'ct, Add~onal a~tachments Identified ~n th~s contra~are attached and made
ia part:0fthis contract. ~
11. Totality of Contract: Separability
~ This contract cor~ains the p[oyisions conditions and promises agreed to
ibetWee~,(' ,~ parties. '],f any, Part,of this,Con,tract is held to be invalid or ~,
e or ,¢, . . , , or .,~. ( ce. ,. ,, s..c .... netaffeis'[the-. ~.
roi la '1~. or or i' i COP~;&!C.: I I is COrl.:ac, w!l. ,.m¢,!f. '1,-.::¢ ~:s .['the Iq,V~ld o~
br'e '1.o.,.,.~.,.~1o .),.ri h¢.d ~.o bo,. co .~,,,...c ....
12; Term:and Effectl,,ve'Date
The.teri:rj:~ this coptrayt.,wil! be J:i~om April 1, 1993 to 12131/03~ This contracb -
~i[I be ¢ffOCt~o~u~61'i~,~ippr~val and :fi ing I~ the S~te Comptroller in aco'ordance
w~th Section, 1 1;2-of the State Finance Law.
13. Amendments
This contract including the attached Appendices and Attachments may only be
amended;by a Written instrument signed by beth parties and approved by the State
Comptroller.
14. Authorized Representative for the Department
The Department's authorized, representative for the implementation of this
contract and f_or approval and direction called for in this con. tract is the Director of -
the Division 0f Solid & Hazardous Materials, or his designee. Whenever it is
provided in this contract that notice must be given or other communications sent to
the Department, the notices or communications will be delivered or sent to:
New 'York State Department of Environmental Conservation
Division of Solid & Hazardous Materials
625 Broadway - 9zn Floor
Albany, New York 12233-7250
Attention: Director, Division of Solid & Hazardous Materials
Page 9 of 12
t5. Authorized Representative for the Municipality
The Municipality authorized representative for tj~e impJ~mentation of this
contract is: Joshua_.Y~ Plort
Name: ~°Sr~upervisor ,~/-¢_~
Whenever it is provided in this contract that notre must be given or other
communications sent to the Municipality, the notices or communications witl be
de[ivered or sent to:
Municipality: Town of Southold
53095 Main Road
Southoid, NY 11971
Attention:~,,-' ........... ..~,,,~,, Joshua Y. Horton
Supervisor
16. Affirmative Action ,.~
The Municipality is requested to comply with the intent of the Affirmative Action
provisions contained in Executive Law, Article 15-A and ECL Sections 52-0t 11
and 52-0113. The Municipality is requested to include language contained in
Appendix B. Clause VII in all contracts awarded for this project.
Page 10of12
LANDFILL CLOSURE PROGRAM STATE ASSISTANCE CONTRACT r ;
SIGNATURE PAGE
Municipality: Town of Southold Conti'act No. C300886
i IN WITNESS WH.EI~EOF the:'p~rties haY9 hbreuntp b~; their representative~i"i!'.
8ur!~/authorized io~$et ~;hei~ ha:r{d§:and'Seats the day an~d'year appearing opposite . .
~heir respective signatures. :
t M
UN [CIPA~TY SIGNATURE:
J" '. ~' BY~ti~e. sigriature, l~ereu~der, the~Mun cipal ~ represents i:h~t: it-has the
I~. lo(.,,, , ,..~s o ,eo~,. ~ t~ en v Lo s con~C~and tha~i~the persSh~sLg~m~._ .. ~ ·
[ authorized :o co so as evidenced bv .i~o resolution of its [eg:~slative body
att~choc h~:e'.o.
Autb(~fized;il~ePresentative
(Sighature)
(Title) Supervisor
(Typed Name) Dated:
MUNICIPALITY CERTIFICATION:
State of New York )
) SS.:
County of Suffolk )
On this ~ Day of ~'~¢UL. ,20
Joshua Y. Herren
Before me personally,came ~,'Supervisor
(List Name and Title)
of the Town of Southold
(List political subdivision or agency Of the political subdivision)
The political subdivision or agency thereof described in and which executed
The above instrument: By Authority of , ~f~O~'~.~ ~::¢
(Attached cer[ified eopy of order, resolution, or the ordinance authorizing
execution of this contract) of said political subdivision, and that (s)He signed
his/her name by that authority.
MELANIE DOROSKI
~IOTARYPUBUC, State of New Yo~
No. 01 D04634870
~lified in ~uffotk County*;.
~*nn*~n Exp~es
N OT~RY PUBLIC
11 of t2
Municipality: Town of Southold
Contract No. C300886
New York State Department of Environmental Conservation
Agency Certification: "In addition to the acceptance of this contract, I
also certify that the original signature pages will be attached to all other
exact copies of this contract."
AGENCY SIGNATURE:
Dated:
Approved as to Form:
ATTORNEY GENERAL'S SIGNATURE:
Dated:
COMPTROLLER'S SIGNATURE:
Dated:
Page 12 of I2
Attachment No. 1
~lew York'State Department o~ EnvironrdSntal Conservation
:New ¥~rk State Environmental Consecration Law (ECL) Article 54,
Title 5i Non-HazardOus Municipal Landfill Closure Projects
Contracf: for State Assistance Payments
For, Municipal bandfili"Ciobure Projects
State Assistance Municipal Landfill Closure Program
,(6 NYCRR Su ~,par[ 360--9 Revised December' 14, 1994 and September 29 '1997)
MUNICIPAL LANDFILL CLOSURE
PROJECT WORK PLAN
Facility Name: Southold Landfill
Facility ID #: 52S17
Facility Location: County Road 48, Cutchoque, NY
County: Suffolk
Facility Owner: Town of Southold
Facility Operator:
Staqe
Perform Closure
Investigation
Perform Closure
Investigation Report
Begin Date
End Date
(12/94)
Page I of 2
Municipal Landfill Closure
Project Work Plan (cont'd)
STAGE
Prepare Closure Plan
Perform Vector
Remediation, if required
Construct Leachate
Collection System, if requireC
Construct Gas Venting Layer
and Gas Collection/Control
System
ConsTruct Barrier Layer
Construct Barrier Protection
Layer
Construct Topsoil Layer
Establish Vegetative Cover
Prepare Construction
Certification Report
BEGIN DATE
30~30/00
03~30/00
04~30~00
04/30/00
04/30/00
09~30/00
END DATE
07/30/00
07/30/00
08/24/00
08/31/00
98/31/00
11/30/00
Page 2 of 2
Attachment Nb. 2
New ¥orK~ate ,Department of Environmental Conservalion
Ne~ York State, Environmental Conservat on Law' (ECL), Article 54,
Title 5, ,Non-Haza~dousMunicipa~ Landfill Closure P~-ojebts
Contract for Sta~e Assistance Payments
for Munic pa Landfi ! C osure Projects
REIMBURSEMENT APPLICATION SCHEDULE
Milestone
Contract Execution
Installation of Barrier Layer
Submiff. aJ of Closure
Certification
Completion Date
Date of Comptroller's
Signature
07/30/00
11/30/00
Attachment No. 3
New~;orl~ State Department of Environmental Conservation
New ¥ork Stat,e. Environmer~tal Conservation ~aw (ECL), Article 54,
Title' 5, Non-Hazardous Municipal Landfi 'C osure Projects
Contract for State Ass stance Paymeqts
f~r Mu~clpe~l Lar~dfi[I Closure Projects
PROGRESS REPORT SCHEDULE
Milestone
Contract Execution
Installation of Barder Layer
Submittal of Closure
Certification
Completion Date
Date of Comptroller's
Signature
07/30/00
11 ~30~00
~TANDARD. CLAusES fOR ALL
NEW YORK STATE CONTRACTS
The parties to the attached contract, license,
':. J V'(;~. ?()i4.Y. ( ~ \i S.r'...h' :.r.,',,':,,:..'.,".. v.'"
,~ :::.., :~c'JIt'~;?,.'. J!,;~, :h:,'~:::l",".'" ',!l,., .i:~d :~.. ,'.;:
'!;. . ~ ~ .
\(')%-A-;{<H,NMh\I. (:1'~:1 M--. I.'
: ' ' ' '' ': :1'.:
\ I.c .. ;- ~ .ol; .';-' .~l:.i..' ,'i..",'.: ::! .'-
...... · .... OV. AL tn accordance
~ance Law (;or, if this
of x;...., x o"!,! .-,'c.'do;: .:-.- e;' ':~oa 621~ of the
i','l.¢d;;ol, I I"... i '. ,., ¢;',.r::,' ~xc~.eds.$1~,000 (or
::'c I:';'l;" :?:'.'ed !,, b~'ttie Officeofth6
.. ;'or '":~.. r,'l .... q,. .......... , ,al&$tatm:ory
sometbm~:otJ ~4han:mon.~,y when Lhe value or
~,~eC~ ,~¢ oI sncia ¢o~ldcraaon
i1~ '~ S'I~ not be vahd~ effecUve or
=~te ~ it h,,~s b~r~a~ pprov~ed bY the
this conu:acz ~ ~ae, v~M ,and of no force and ~fect
tmless ~¢, ~'a~t,or ~na!~ ~;-awde and ma,ntam
covqrage dm~ ~ejh~e ~f~s ~ont~act for the,benefit
of s~ch Cml:~[~; ~e~! td be covered by the
pro~isio~ )~,5~.ofk;~s' ,C ~mp~censation Law.
5. NON-DISCRIM1NATION REOCqREM~NTSi in
ac~?c~a~ce~with
~d'Fed~ stamm~ ~d ~o~fimfion~ non-
· s~afion pro~siom, ~e C~tor ~ not
~c~ ag~t ~y e~loxee or app~c~t for
o .,,: I.. L,', ' ..~, ..,',~.~ , ....... ~,, d..u ......x,'~,. ~ ']9'
. . . : :. .... . :.~ .~.~,...'L ' , :, .
. .
]
accor~e
Law, if
without collusion aimed at restricting competition.
Contractor further warrants that, at the time Contractor
subm/tted its bid, an authorized and responsible person
executed and delivered to the State a non-collusive
bidding certification on Con, actor's behalf.
8. INTERNATIONAL 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 Conuacrer agrees, as a material
condition of the contract, that neither the Contractor
nor any substantially owned or affiliated person, firm,
partnership or corporation has participated, is
participating, or shall participate in an international
boycott m violation of the federal Export
Administration Act of 1979 (50 USC App. Sections
2401 er seq.) or regulations thereUnder. If such
Contractor, or any of the aforesaid affiliates of
Contractor, is convicted or is otherwise found to have
violated said laws or regulations upon the f'mal
determination of the United States Commerce
Department or any other appropriate agency of the
United States subsequent to the contractors execution,
such contract, amendment-or mo dification thereto shall
berendered forfeit and void. The Contractor shall so
notify the State Comptroller within five (5) business
days ofanch conviction, determination or disposition of
appeal (2NYCRR 105.4).
9. SET-OFF'RIGHTS. The State shall have all of its
common law, equitable and statutory rights of set-off.
These rights shall include, but not be 1/mired to_ the
State's upti6n to withhold for the purposes of set-off
any moneys due to the Contractor under th/s contract
up m any mounts due and owing to the State with
regard m this conunct, any other conuract with any
State deparuuent or agency, including any contract for
a ~enn commencing prior to the term of this contract.
plus any mounts due and owing to the State for any
other reason including, without limitation, mx
delinquencies, fee del'mquencies or monetarypenalties
relative thereto. The State shall'exercise/ts set-off
fights in accordance with normal State practices
including, in cases of set-off pursuant to an audit_ the
ftnalization of such audit by the State agency, irs
representatives, or the State Comptroller.
10. RECORDS The Contractor shall establish and
maintain complete and accurate books, records,
documents, accounts and other evidence directly
pertinent to performance under this contract
(hereinafter, collectively, "the Records"). The Records
mst be kept for the balance of the calendar year in
which they were made and for six (6) additional years
thereafter. The State Comptroller, the Attorney General
and any other person or entity anthorized to cOnduct an
examination, as welt as the agency or agencies involved
in this conu'act, shall have access to the'Records during
normal business hours at an office of the Contractor
within the State of New York or, if no such office is
available, at a mutually agreeuble and masomble venue
within the State, for the term specified above for the
purposes of inspection, auditing and copying. The State
shall take reasonable steps re protect fi:om public
disclosure 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 kfform an appropriate State official, in writing,
that said records should not be disclosed: and (ii) said
r~cords shall be sufficiently identified; 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 any pending or furore litigation.
11. IDENTIFYING INFORMATION AND
PRIVACY NOTIFICATION. (a) FEDERAL
EMPLOYER IDENTIFICATION NUMBER and/or
FEDERAL SOCIAL SECLrRITY NUMBER. All
invoices or New York State standard vouchers
subrdtted for payment for the sale of goods or services
or the lease of real ar personal property to a N~w York'
State agency must include the payee's identification
number, i.e., the sellers or lessor's identification
number. The number is either the payee's Federal
employer identification number or Federal social
security number, or both such numbers when the payee
has both such numbers. Failure to include this number
or numbers may delay payment. Where the payee does
not have such number or numbers, the payee, on us
invoice urNew York State standard voucher, must give
thereason or reasons why the payee does not have such
number or numbers.
03) PRIVACYNOTIFICATION. (1)Theauthorityur
request the above personal thformation from a seller of
goods or services or a lessor of real or personal
proper~y, and the authority to maintain such
information, is fouud in Section 5 of the State'Tax
Law. Disclosure of this information by the seller or
lessor to the Stateis manc[atory. The principal purpose
for which the information is collected is to e~uble the
State to identify individuals, businesses and others who
have been delinquent in filing mx returns or may have
understated their tax liabilities and to generally identify
persons affected by the taxes administered by the
Commissioner of Taxation and Finance. The
information will be used for tax administration purpose
and for any other purpose authorized by law,
(2) The personal information is requestec[ by the
purchasing urfit of the agency contracting m purchase
the goods or services or lease "the real or personal
property covered by this contract or lease. -The
information is mainm/ned in New York State's Central
Accounting System by the Director of Accounting
~erat~ons~ Office oFthe, Slate C,omptrollcr~
Albany New York 1'223~.~
12. EQUAD'EMPLOYMENT OPPORTUNITIES
OR IViINORi~tI~S AND WOMEN. In accordance
w/Th Section 3 I2 of the Executive law, if this comract
is: (i) a written agre ,e~nea~ or purchase order
coi~'. ' '
, - .: · .:~. , ;. .¢ - .. .... .
a ac~d wlll~,~,~lehe!0roms~onsof a, b and
a ~, m eV~comraet over $25,000.00 for the
cor~tra'c~on, d~raolitio~; r~placemant, major repak,
renovation, plarmSng or desiLm of real property and
/mprovemems thereon (.the Work) except where the
Wdrk is for The beneficial use of the Con~aeror.
Section 312 does no~ apply to: (i). work, goods or
servicesdmrelated to this, contract; or (ii) mnployment
outside New York State; or (iii) 1/ank&~g services,
collier
,. ~ ~ ,,, ~.....~:!,,.~ ,.:..1.~ ~ ,: .,, ,.h,... ('k,,m,:c,0r '.,. ,1:
rd:'!i:~.ie!'.- '. !)":i'~h',t.'Mi,{,,",",',.. . .,.
I .. -(_'_(ix.. '?.~_, i\t~!,...~: i{'~.'1<..
14. GOVER_NINO: I~AW, ms ~ontract
S",;'1 ",: :. "', ,~"':, ,: ~![ ~ \"i:~."12 ~'~. i- '~ 0 '1."~2 SI;L~ r
~w to ~e ex~nt~cd by law ~ ~
ce ........ h .... ., ,.. i..~,:, ,, :dv::..:,l'>r., c
where smmro~ly a~ed), but must, msr~ be
herod ~ a co~ df c0~et~tj~s~on of ~e
17. SER~ O~*~PROCESS~ h hd~oa to ~e
me,ods of s~cg ~o~ed By ~e StYe Ci~l
tO
~, rem Tece~t ~0~6~ Se~e~heremder ~
be co~tete~9~ C~sacm~ceipt of Process
or upon ~e 8~e'~ rec~Pt of ~e re~ ~ereof by ~e
U~ted Sm~ ~os~ S~ce ~ rehsed or
~de~v~ab~.~ C~h~emr m~ promptly no~ ~e
S~te, m ~g, of ea~d ev~ tinge of ad.ess
to which semce ofpm~ss c~ be~de. Semceby ~e
State to ~e l~st ~{~;ad&ess sh~ b~ s~ciem.
Con. actor ~11 ~v~ ~ 00) ealan~ ~ aft~
semce h~e~d~'is ~lete ~ w~ch to respond.
18. PROHIBITION ON PURCHASE OF TROPICAL
HARDWOODS. The Contractor certifies and warrants
that all wood products to be used under this conuact
award will be in accordance with, butnot limitedto, the
specifications and provisions of State Finance Law
§165. (Use of Tropical Hardwoods) which prohibits
purchase and use of tropical hardwoods, unless
specifically exempted, by the State or any
governmental agency or political subdivision or public
benefit corporation. Qualification for an exemption
under this law will be the responsibility of the
conu'actor to estabhsh to meet with the approval of the
State.
In addition, when any portion of this contract involving
the use of woods_ whether supply or installation, is to
be performed by any subcontractor, the prime
Contractor will indicate and certify in the submitted bid
proposal that the subcontractor bas been informed and
is in compliance with specifications and provisions
regarding use oftropiealbardwoods as detailed in § 165
State Finance Law. Any such use must meet with the
approval of the State, otherwise, the bid may not be
considered responsive. Under bidder certifications,
proof of qualification for exemption will be the
respons~flity of the Contractor to meet with the
approval of the State.
19; MACBRIDE FAIR EMPLOYMENT
PRINCIPLES. In accordance with the MacBride Fair
Employment Prmciples (Chapter 807 of the Laws of
1992), the Contractor hereby stipulates that the
ContractOr either (a) has no business operations m
Northern Ireland. or ~) shall take lawful steps/n good
faith to conduct any business operations in Northern
Ireland in accordance with the MacBi-ide Fair
Employment Principles (as described inSection 165 of
the New 'York State Finance Law), and shall permit
independent mohitoring of compliance with such
principles.
20. OMNIBUS PROCUREMENT ACT OF 1992.
is the pol/cy of New York State to maximize
opportunities for the participation of New York State
business enterprises, including minority and women-
owned business enterprises as bidders, subcontractors
and suppliers on its procurement conuaers.
Information on the availability of New York State
subcdn~cactors and supplims is available from:
Deparanem of Economic Developmem
Division for Small Business
30 South Pearl Street
Albany, New York 12245
Tel. 518-292-5220,
A directory, of certified minority and women-owned
business enterprises is available from:
Department of Economic Development
Minority and Women's Business Development
.Division
30 South Pearl Street
Albany, New York 12245
http:l/w~-.empire.state.nv.us
The Omnibus Procurement Act of t 992 requires that by
signing this bid proposal or contract, as applicable,
Contractors certify that whenever the total bid amount
is greater than $1 million:
(a) The Contractor has made reasouable efforts m
encourage the participanon of New York State
Business Enterprises as suppliers and subeontractors,
including certified minor/tX and women-owned
business enterprises, on this project, and has retained
the documentation of these efforts to be provided upon
request to the State:
(bi The Contractor has complied with the Federal
Equal OpporUmity Act of 1972 (P.L. 92-26}), 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 the JobS ervice Division
of th~ New York State Department of Labor. or
provid/ng such notification in such manner as is
consistent with ex/sting collective barganfmg contracts
or agreements. The Contractor agrees to document
these efforts and to provide said documentation to the
State upon request; and
(d) The Contractor acknowledges notice that the State
may seek to obtain offset credits from foreign countries
as a result of this contract and agrees ro coupemte with
tba State in these efforts,
21 RECIPROCITY AND SANCTIONS
PROVISIONS. Bidders are hereby notified that if their
principal place of business is located in a state that
penalLzes New York State vendors, and if the goods nr
services they offer will be substautially produced or
performed outside New York State, the Omnibus
Procurement Act 1994 amendments (Chapter 684,
Laws of 1994I reqmre that they be denied contracts
which they would otherwise obtain. Contact the
Department of Economic Develupmem, Divis/on for
Small Bnshiess, 30 South Pearl Street;, Albany New
York 12245, for a current list of states subject to tiffs
provision.
Revised August 2000
APPENDIX B
Standard Clauses for All New York State Department
of Environmental ConServation Contracts
The
-I':d!-h,.'.,:..'c.."r ' ,," ' ,' , .... ,"
.. ..... .8...,~a ~ ....... ~ .. ~. .....
. , ~.~.~< ~.. , '~ ,.j . ~ .,[ .,..
,~. lz~ ~,.~ .' '~.~% .., ~.~ . , , '
. ~! ..,~,~-~' ,~ ~'-.~"' ...... ' " ., ....
. ~ ~,a~ ~,~..*~.., ,. .~. . ·
..t.d ..., '. ,~, ,,,,, ~',.,,~,.' ~ ,d.-,-,...~.-,,r ,',, .... , ,.~.,.,'
.(' ,
, , .c~.. [~, ~,:... ~
IlL ( on !1~1% Intbre~l'
()r ~ ....... To ~ besro~
org~afio~ co. ct,of ~ems~ ,~ ~n ~e~ or
.... ~'T .;.:,&,~'.~ · . "4.. , -
..[
~. ..~,.., ,. '...J~ ~ .~, .: . ·
,':' ",', 't4"'[~,t~'~ ' "E't %> .', ..... .'~
'~''~'~' ~' :" "~C;~",~Ji''
,. . J'~'} u- · ~.1. ,~ "¢ : '
~,:, .c.'. ,, ..~ c..'.:c':~'~:~:l'~.,:?~: ~..: :-::'~.c...
(:', I. ,' ' . "{ ' ',.." ' o.'1,'..:.~i~¢ ~"~" ..... ,,' ,r.'..~'"
(!) A..m. ~..l&..... c. ~ ..... e ..... r,.~...
App. B 4/17/00 Page 1
such conffict The Deparmaent will notify the
Conh'actor of the appropriate action te be taken.
(2) Tire Contractor agrees to advise all manage-recur or
professional level employees involved in the work of
this contract, that they mnsr report any personal
conflicts of interest to the Contractor. The Cuntmctor
must then advise the Department which will advise the
Contractor of the appropriate action to be taken.
(3) Unleis waived by the Deparunem, the Contractor
shall certify annually that, to the best of the
Contractor's knowledge and belief, all actual, apparent
or potential conflicts of interest, both personal and
organizational, as defined herein, have been reported
to the Deparunent, Such certification must be signed
by a senior executive of the Contractor and submitted
in accordance with instructions provided by the
Department. Along with the annual certification, the
Contractor shall also submit an update of any changes
in any conflict of interest plan submitted with its
proposal for this contract. The inhial certification shall
cover the one-year period from the date ofconwaer
award, and all subsequent certifications shall cover
successive mmualperiods thereafter. The certification
is to be submitted no later than 45 days after the close
of the previous certification period covered.
(4) In performing this contract_ the Contractor
recognizes that its c~aployees may have access to data,
either provided bythe Department or ftrst generated
during comract pe~formence, of a sensitive nature
which should not be released without Departmcmt
approval. If this situation occurs, the Contractor agrees
to obtain confidentiality agreements from all affected
employees work/ng on requirements under tiffs contrac~
including subcontractors and consultants. Such
agreements shall contain provisions which stipulate that
each employee agrees not to d/sclose, eithe~ in whole or
m pan, m any entity external to the Deparnnent,
Department of Health or the New York State
Department of Law. any information or data provided
by the Department or fast generated by the Contractor
under th/s contract, any site-specific cost information,
or any enforcement strategy without first obtaining the
written permissionoftheDeparunenr. Ifa Contractor,
through an employee or otherwise, is subpoenaed to
testify or produce documents, which dould result in
such disclos-are, the Contractor must provide immediate
advance notification to the Deparunent so that the
Department can authorize such disclosure or have the
oppormulty to take action to prevent such disclosure.
Such agreements shall be effective for the life of the
contract and fora period of five (5) years after
completion of the contract.
(c) Remedies. The Deparrmem may terminate this
contract in whole or in parr, if it deems such
termination necessary to avoid an orgardzational or
personal conflict of interest, or an unauthorized
disclosure of information. If the Contractor fails to
make required disclosures or misrepresents relevant
information to the Department. the Department may
terminate the cunlract, or pursue such other remedies
as may be permitted by the terms of Clause I of tiffs
Appendix or other applicable promsiuns of this
contract regarding termination.
(d) The Contractor will be ineligible to make a
proposal or bid on a contract for which the Contractor
has developed the statement of work or the solicimtiun
package
(e) The Con~:actor agrees to inser~ in each subcontract
or consultant agreement placed hereunder (except for
subcontracts or consultant agreements for well drilYmg,
fence erecting, plumbing, utility hookups, security
guard services, or electrical services) provisions which
shall conform substantially to the language of tiffs
clause, including this paragraph (e), unless otherwise
anthorized by the Deparrmunr.
If this is a contract for work related to action at an
inactive hazardous waste site, the following
paragraph shall apply to those Contractors whose
work requires the application of professional
judgment: It does not apply to construction
contracts.
(f) Due to the scope anduature of this conttact, the
Contractor shall observe the following restrictions on
future hazardous waste site contracting for the duration
of the contract.
(I) The Contractor, during the life of the work
assignment and for a period of three (3) years after the
completion of the work assiLgnmem, agrees not to enter
into a contract with or ~o represent any party With
respect m any work relating re remedial activities or
work pertaining m a site where the Conu'acmr
previously performed work for the Department under
this conuact without the prior written approval of the
Deparrmem.
(2) The Con~ractor agrees in advance that if any
bids/proposals are submitted for any work for a third
parry that would require written approval of the
Department prior to enteting into a contract because of
the restrictions of th'ts clause, then the bids/proposals
are submitted at the Contractor's own risk, and no
claim shall be made against the Depanmem m recover
App. B 4/17/00
Page 2
bid/pk6pOs~ c6sta hsa klirect cost whether ttie request
for authorization'to entre-/nto the contract is denie~l Or
.approved
IV. :Requests for Payment. All iequests for payment
: :;oy the Contracio~must be anbm/tted tm,forms snpplled:
and':p nrox-.~fl 1',': ~e De:,a r:mc n t.. . V:tel
\ ' ('OliflflimH."(' ~ ilh ['.t'dtq'al'~'eqlllrell'lUnl%. o iht
· -' l".,,''::. ~,:.~ .... "" · ..':.. '. , .
Irp,N ,a crczm' :,,' ?.:d. 'l'i '~'"("l~:l:".~i:l~ifi'~,l'.u
m~'a--i' ?n~'"'v2 q51,~:,?r",!!,c'~hc:'~:.': icl'.
~:1 ~., ..%,1 ~,,. oh!!..,,l,~ ,~ ,! ..! ~ .o .,.~
~[~,.! '. . ,..~.~j. ~ ... ~,
ol .\r:'}k}'iS'-.:~'q.S:',l~¢! xc.~f.",i'. JI.i:5~
,. . ~, ~? ~.l.,*~q..?.~ -a. ' · r'. ..' . ~ .
( o,l-~ '.....U..: i :'¢'' a:klJ~%N5 ( Rix E:~'t
.. ~ ~.~'. ,a.
App. B 4/~7/~ Pa~e 3
(c) The affi~ca~tik~act/°n~ro':3isi~ and equal
employmenr oPPortunity;provisions contained in this
paragraph and paragraphs (d) and (e) 'o f this clause
shall be applicable wittfin the limltat[ons,establ/shed, by
Executive Law §§312 arid 313 and the applicable
regulati6ns~ '. ~
(1) Th~ Contractor is req ,nir~tl ~o.mak~,good~ faith
efforts to qubcontmct ~t least 6"/o olive dolln~vab:e of
this ¢o,l;i'ac: to \]"hll'll.V 0','. i:e,l IIl:'r, ill,:?,.4 I.ill¢l'l?flSCS
(')'.',:b21[ I~a-i':,'-- I{f'.C; ',r..:,::, I".VIU
I t~;,ilc S me,i )b.ci,,n'r~':t t off,. ' ,~
~d
~S~ ~ D~y?lopmem Co..
mt~e~ ~ ~b.sm~emy.~Sesd.h~
(~ ~e ~of a~s.to i~chde ~e ~o~siom set
fo~ ~ p~a~hs ~a34 ¢) ~d(c) above ~d
p~a~p~ ¢)~ ~), ~ (c) of chuse 12 of ~n~ A
,o '.'.ork ucddq' ~m:[' s;IBc, mlc~c; For ~ep~oseof
agreement prg~dmg :~Or a ~/otal expenditure in excess
of $25,000 ~o~ the cogstruefion, demolition=
replacemenO lmjor r,~mr, renovation; planning or
design~of/~e~pe~aud/mpfovements thereon in
Which~a p~ ~ f ~,Con?:a~ ctor's ~btigaffon under a
State contra6't as Ctmd~&kerl or assumed i
(e) The Conlxacmr is required to make good faith
efforts to utilize ~e MBE/WBEs identified in the
utiY~zation plan to the extent indicated in such p~an, and
otherwise to implement it according to its terms. The
Contractor is requested to report on such
unPlemcntafion periodically as provided by the
conu'act, or annually, whichever is more frequent.
VIII. Compliance with applicable laws
(a) Prior to the commencement of any work under this
contract, the Contractor is required to meet all legal
requirements necessary in the performance of the
contract This includes but is not Iim/ted to compliance
with all applicable Federal. state and local laws and
regulations promulgated thereunder. It is the
Contractor's responsibility to obtain any necessary
permits, or other authorizations. By signing this
conuact, the Contractor affirmatively represents that it
has complied with said laws, unless it advises the
Department otherwise, in writing. The Deparunem
signs this contract in reliance upon this representation.
Co) During the term of this contract, and any extensions
thereof, the Contractor must remain in compliance with
said laws. A faiinre to notify the Department of
noncompliance of which the Con,actor was or should
have been aware, may be considered a material breach
of this contract.
IX. Dispute Resolution. The parties agree to the
following steps, or as many as are necessary to resolve
disputes between the Depariament and the Contractor.
(1) Remand the matter to the program staff for further
nego~ttion or information if it is determined that the
matter is not ripe for review;, or
(2) Determine that there is no need for further action,
and that the determination of the designated individual
is confirmed; or
(3) Make a determination on the record as it exists.
(c) The decision of the DAI shall be the final agency
decision urdess the Contractor fries a written appeal of
that decision with the Chair of the Contract Review
Committee ("CRC") within twenty days of receipt of
that decision. The designated individual to hear
disputes ~s:
Mr. David A. Blackman, Director
Bureau of Program Management
Division of Solid & Hazardous Materials
625 Broadway - 9th Floor, Albany, NY 12233-7250
(518) 402-8711
The designated appeal individual to review decisions
is:
Mr. David O'Toole, Assistant Director
Division of Solid & Hazardous Mater/als
625 Broadway- 9~ Floor, Albany, NY 12233-7250
(518) 402-8652
The Chaff of the Contract Review Committee is:
(a) The Contractor specifically agrees to subrult, in the
fkst instance, any dispute relating to this contract to the
designated individual, who shall render a written
decision and furnish a copytherenfro the Con~ractor.
(1) The Contmcter must request such decision in
writing no more than llfteen days after it knew or
should have known of the facts which are the basis of
the dispute.
(2) The decision of the designated individual shallbe
the final agency determination, unless the Contractor
files a written appeal of that decision with the
designated appealindividual ["Il)Al") within twenty
days of receipt of that decision.
Department of Environmental Conservation
Richard K. Randies, Chair
Contract Review Committee
625 Broadway- l0th Floor
Albany, NY 12233-5010
Telephone: (518) 402-9237
(d) Upon receipt of the written appeal, the Chaff of
the CRC, in consultation with the members of the CRC
and the Office of General Counsel, will tske one of the
following actions, or a combination thereof, with
wnuen notice to the Contractor.
0) Remand the matter to program staff for additional
fact finding, negotiation, or other appropriate action'., or
Co) Upon receipt of the written appeal, the DAI, will
review the record and decision. Following divisional
procedures in effect at that t/me. the DAd will take one
of the following actions, with written notice to the
Convracmr.
(2) Adopt the decision of the DAd; or
(3) Consider the matter for review by the CRC in
accordance with its procedures.
(e) Following a decision to proceed, pursuant to
App. B 4/17/00
Pa~e 4
3, above, the Chair of the CRC shaltconvene a :
proceeding in accordauc~witli ~e CRC,~'~' estab??a6fi
~ontm~ dispute resolufibn guidelines.. ~te prdcegding
Will provide the Contractor with an oppdrtunity t~ be
hear&
(~, I:..\r'::i% :':"ld'llhl'll"2 i]'c ,!ifi~'liC i C~o'H' i0'1 ')l',:.C,!;:.
\" ?u.! ' ','i!'.~',~!f~l ~': ;t:iu'*~":l',~'~' ;.C()~\~q
, ~,.~ ..... ,. ,.~ .,.
].n.', &'r, !~. d('~..i ~,:.~ ~,;,, ~ .
· ,', [I post, in a
'1 'i copy of the
~ ~1 · I& ~iedules of
l ~ I~ is a
project,
'~ edules for the
i~ i' Section~ 51
~': ' ' 'i o be posted at
['~' P that this
project is apublic work project on which~ach worker
is entitled' to reCeive the prevail/ng.~vages[and
Supt~iements for :thei~ occupation, a/ia alt ofl~r aOtlces
which the Department d/rects the.Contractor to post.
The COntt~actqr shal[pi'ovide a s~ce for suc~ ~notices.
Whid2ds,~t/y: factoryto ~he,Depaz~,-t~n~, ~t. Tke ' ,
· : ..- ~ ....... ~.,.- ~p:,'
· ' . .,~ ~., ":~ ':' ~ ','t~,~.,!'.
..... .,., ,.,,:.~::,.,.-~ -
, ',.,' ~ ~. ,~[~ .... ~ .~.;~.~,~ .
.... ~,,'.,~. :*~ r.': ~.~.~, .
· .3 . .. .~,.... ......~-,~
XII. Tax Exemp~o~. ~uant to Tax~-e,W Section
App.
Page 5
1116. the State is exempt from sales and use taxes. A
standard state voucher is sufficient evidence thereof.
For Federal excise taxes, New York's registration
Number 14740026K covers tax-free Wansactions under
the Internal Revenue Code.
XIII. Litigation Support. In the event that the
Department becomes involved in litigation related to
the subject matter of this contract, the Conl~actor agrees
m provide baakground support and other litigation
support, including but not limited to depositions.
appearances, and testimony. Compensation will be
negotiated and based on rotes established in the
contract, or as may otherwise be provided in the
Co1Tiract.
XIV. Equipment. Any equipment purchased with
funds provided under this contract, shall remain the
property of the Del~arunem, unless otherwise provided
in the contract. 7he Contractor shall be liable for all
costs for maintaining the property in good. usable
condition. It shall be returned to the Deparmaent upon
completion of the contract, in such condition, unless the
Departmeatelects to sell the eqmpment to the
Contractor, upon mutually agreeable terms.
XV. Inventions or Discoveries. Any invention or
discovery first made in performance of this Conrcacr
shall be the property of the Deparrmem. unless
otherwise provided/n the contract. The Contractur
agree~ m provide the Deparanent with any and all
materials related to this property. At the Department's
option, the Contractor may be granted a non-exclusive
license.
XVI. Patent and Copyright Protection. If any
patented or copyrighted material is involved in or
results from the performance of this Contract, this
Article shall apply.
(a) The Contractor shall, at its expense, defettd any suit
instituted against the Department and indemnify the
Department against any award of d~m,ges and costs
made agaiust the Department by a fmai judgment ora
court of last resort based on the claim that any of the
products, services or consumable supplies furnished by
the Contractor under this Contract infringes any patent,
copyright 6r other Proprietary right; provided the
Depamuent gives the Collttactor:
(1) prompt written ~otice of any action, claim or threat
of infringement suit, or other suit, and
(2) the opportunity to take over. settle or defend such
action at the Contractor's sole expense, and
App. B 4/17./00
Page
(3) all available information, assistance ~nd authority
necessary to the action, at the Conlractor's sole
expense.
The Contractor shall control the defense of any such
suit, including appeals, and all negotiations to effect
settlement, but shall keep the Depamnent fully
informed concerning the progress of the litigation.
Co) If the use of any item(s) or parts thereof is held to
infringe a patent or copyright and its use is enjoined, or
Contractor believes it will be enjoined, the Contractor
shall have the right, at its election and expense to take
action th the following order of precedence:
(t) procure for the Department the right to continue
using the same item or parts thereof:
(2) modify the same so that it becomes non-infringarg
and of at least the same quality and performance:
(3) replace the item(s) or parts thereof with
noninfringing items of at least the same quality and
performance;
(4) if none of the above remedies are available,
discontinue its use and eliminate any future charges or
royalties pertaining thereto. The Contractor wilt buy
back the infringing product(s) at the State's book
value, orin the event ora lease, the patties shall
terminate the lease, ff discontinuation or elhninatiorr
results in the Contractor not being able to perform the
Contract, the Contract shall be terminated.
(c) In th~ event that an action at law or in equity is
commenced against the Department arising out of a.
claim that the Department's use of any item or material
pursuant m or resulting from this Contract infiqnges
anypatent, copyrigt!t or proprietary right, and such
action is forwarded by the Departmeut to the
Conlractor for defense and indenmification pursuant to
this Article, the Department shall copy all pleadings
and documents forwarded to the Contractor together
with the forwarding correspondence and a copy of this
Contract to the Office of the Atromey General of the
State of New York. If upon receipt of such request for
defense, or at any time thereafter, the Contractor is of
the opinion that the allegations in such action, in whole
ur m par~, are not covered by the'indemu/fication set
forth ~ this Article, the Contractor shall immediately
notify the Deparu-nent and the Office of the Attorney
General of the State of New York in writing and shall
specify to what extent the Contmctur believes it is and
is not obligated to defend and indermfify under the
terrus and conditions of this Conlract. The Contractor
6
shall in.such event protect th¢ interests of the
Department end State of New York end secure a
continuence to permit the Sram of New York to appear
and defend its interests th cooper~tinn with Contractor
as }s appropriate, includin~ eny'juris~dictional defenses
wl~ch, the Departrnei~and~8~te sh~Jl hay&
(d) The Conwacto~ sh ,all~.however, ~aye *no ,liability t°.
the Dephrtment under ttfis~c~le ff any infringement
:ba~ ~o~ ur ~s~smofi ¢)~comP~with
degigas, plar~ ~r ~ped~fic,fibng:~ea by O~ on.
behalf Of the Depm:mlefit ~ to the items; (2~ al~eratinus
....... ~ · ~-'.. '.d~ich the
(e) The foregging~tates th~ Contractor's ~ntire liability
for, or res~ltig~g from? ~atent or copyright infringement
or clai~ thereof,
XVII. Force Majeure. The term Force Majeure shall
include acts of God, work stoppages due m ~labor
disputes or strikes~ fires explosinus, epidcm~ics riots,
war rebellion, sabotage or the like. If a failure of or
d~lay in l~rformence by either parry results from the
occurrence o£a Force Majeure event, the,delay shall be
excused end the ti~e for Performance extended by a
period equi¥~lent~to the time lostbecause of the Force
majeure event, if'enc~ ~o the extent .that:
(~) The delay or ~/ilure~ was beyond ~he control of the
party affected and not ~lue to its fault or negligence; end
Ca) The delay or failure was not extended because of
the affected party's failure to use all reasonable
diligence ~o overcome the obstacle or m resume
performance immediately after such obstacle was
(c) The affected parry provides notice with/n (5) days
of the onset of the event, that it is invok/ng the
protection of this provision.
XVIII. Freedom of Information Requests, The
Contractor agrees m pro-cid~ the Deparauent with eny
recorda ;vhich must be released in order to comply with
a;equesr pursuant to the Freedom of Information Law.
The Department will provide the contractor with en
App. B 4/17/00
Page 7
opportunity to.identify material ,which'maybe
protected from release end tO support ifs position.
XIX. Precedence. In the event o£a conflict between
the terms of this ,Appendix B end the terms of the
.......c.,. '~.' ,."~(', ,'"' . ~I,. .._ am-and, al! ~achment~. . ...l~e~eto and
zn~cl:dU'e~:t- Lhc~col: [*iL'; I!a,* iccludi:l,.-' '~[:l,c;Idi',
[IIC LCI':I'> 0;';.[11~ %!.~[*ClI.EX B S]l:lll COCLrO[. [:~ II'c
.\['p,rM,~ B. ami Lh..' I~'r'n> ol' \pl:Crdi', .',. I%' tom's
Title 5, Non-Hazardous Municipal Landfill CloSUre Projects
Contr~act for State Assistance Payments
For Muni(~ipaI. Landfill Clo~ure Projects
APPENDIX C
Documentation for Rei,rnbursement Claims Made on State, Aid Voucher
The MuniCipality must submit the following documentation to the Department in
-:. ~suppert of reimbursement claims'.
~1 ) A. summaq; ,show~ng one. Iiundred~perce~nt (100 Ye) of the costs C aimed by major
~ 'ca~g~b~,¢~, sai~fi~ ~a~d~age ~uppl es equ pment~shou d appear in the '
. Des~;npt~0n of Cha,rges sect on df the Sta~e.A d Vouchers;
~ 2) Fer, Salaries a~d wages,(persooal services,), schedule should be attached
~;'."i0,.,~::~.{'] ,'.?ii ~m,' ;J~o~,,.,'i~s; .~.l-"e~. 'JUes, period covered, hours worked, rates and
~.mc~m;.,~ s.i:',,~:er.~;'(~ :i"o ic~.~i s:'~o'.',q on the S~ate Aid Voucher;
3) ' Forotfl~r:than':sal~ies and wages, schedules o~: source (~ocuments (voucher
and~/o~ c~h~ck number) shou d be ~ttached showing the-.payees, brief description
of ,g?ads Or ser~vices pr0vide~ and amount by category as shown on the State
Aid{Voac~]er;
· 4) A cop. y~o~any sub-co~tracts into which the grantee entered under the project
must accompany the first cia, ira which includes payments under the sub-
c~ntr~ct(s) in question. Copies of major change orders must be similarly
provided; and
5) O0pies of grantee vouchers and/or canceled checks covering payments on
s~cont~cts,must be provided to~suPpor~ the amount of contractual sen/ices
included ~n the State Aid Vouchers.
6) '¢rh.e fo[Iow~ng sentence should be ~/ped in the lower left corner of the
Descript on of Charges, Section of the State Aid Vouchers:
The payee additionally certifies that the procurement of any goods and
serv~ces;fer which reimbursement is claimed w~s, to the extent applicable,
accomplished in accordance with [he provisions of General Municipal Law
and in accordance with ali o~her laws, rules and regulations governing
procurement by the payee.