HomeMy WebLinkAboutSuffolk Co Economic Devel ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRA~ OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax 631) 765-6145
Telephone (631 765-1800
southoldtown.nor th fork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY.THAT THE FOLLOWING RESOLUTION NO. 73 OF 2002 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 29, 2002:
RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor
Horton to execi[te an agreement with Suffolk County. to receive Cutchogue Downtown IH
'Revitalization grant funds subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
Re~. 12/5/01
TO~ OF SOUTllOLD-Dowutown Round 1II Revitalization
Agreement NO SCS 525,C~-CAP-64007
IFMS No. SCS ECD 0000000~
Agreement
This Agreement. between the County of Suffolk (County), a municipal corporation of the State of New
York, having its principal office at the County Center, Riverhead, New York 11901, acting through its duly
constituted Office of Economic Development (DeparUnent), located at H. Lee Dennison Building, 2nd floor, 100
Veterans Memorial Highway, Hanppauge, New York (mailing address: Box 6100, Hauppauge, New York 11788-
0099) and TOWN OF SOUTHOLD (Contractor), a New York municipal corporation, having/ts principal place of
business at PO Box 1179,Southold. NY 11971.
The Municipality above named has been designated as a recipient of Dowmown Revitalization funds and has
heretofore expressed its desire to undertake or assist in undertaking Downtown Revitalization activities as set forth in
Exhibit(s) B attached hereto. Sufficient funding exists pursuant to Resolution No. 952-2001 of the Suffolk County
Legislature.
Term of Agreement:
Shall be from the latest date of signature below through the day preceding the second
anniversary of said date, with an option for the County to extend this Agreement for
an additional year, as provided in Exhibit A.
Total Cost of Agreement: Shall not exceed $17,775.00
Terms and Conditions:
Shall be as set forth in Exhibit A attached.
In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below.
TOWN OF SOUTItOLD
[Pie~pdnt name and title under signature]
Fed. T~pay~r ID g: /[- O~0 -tq Bq
Date: Z[I[0¢
County of Suffolk
By:
Eric A. Kopp
Chief Deputy County Executive
Date:
Approved as to Form, Not
Reviewed as to Execution:
Robert J. Cimino
Suffolk County Attorney
By:
Patricia M. Jordan
Assistant County Attorney
Date:
Approved:
By:
Alice A. Amrhein
Commissioner
Date:
o
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Table of Contents
Purpose ...................................................................................................................................... 1
Program Administration ......................................................................................................... 1
(a) Authorization .................................................................................................................
(b) Supervision ..................................................................................................................
(c) Environmental Review Process ..................................................................................... 1
(d) Compliance with Law .................................................................................................... 1
(e) Engineering Certificate .................................................................................................. 1
Performance .................................................................................................................... :. ...... 2
Term of Agreement .................................................................................................................. 2
Funding ....................................................... : ............................................................................. 2
(a) Budget ....................................................................................................................... 2
(b) Lhnitations ..................................................................................................................... 2
(c) Payments of Expenditures .............................................................................................. 2
(d) Advance Payments ......................................................................................................... 3
(e) Payment Schedule .......................................................................................................... 3
(f) Final Report and Claim .................................................................................................. 3
(g) Agreement Subject to Appropriation of Funds .............................................................. 3
(h) Post-Audit ...................................................................................................................... 3
Accounting and Audit Procedures ......................................................................................... 4
Real Property ........................................................................................................................... 4
County-Municipality Relationship ......................................................................................... 4
Gratuities ................................................................................................................................ 5
Nondiscriminati6n .................................................................................................................... 5
(a) Equal Employment Opportunity and Affirmative Action in Employment .................... 5
(b) Nondiscrimination In SerVices ...................................................................................... 5
Cooperation on Claims ......................................................................................................... 6
Indemnification ..................................................................................................................... 6
Obligations of Municipality with Respect to Certain Third-Party Relationships ............. 6
Assignment and Subcontracting ............................................................................................. 7
Termination .............................................................................................................................. 7
Merger Clause ........................................................................................................................ 7
No Oral Changes ...................................................................................................................... 7
Severability ............................................................................................................................... 8
EXHIBIT(S) B
ED3 (12/01)
Exhibit A
1. Purpose
The Municipality, for the consideration herein provided, agrees to complete the Downtown Revitali-
zanon Program Project(s) (the "DRP Project(s)") described in Exhibit(s) B, which are attached to and made
a part of this Agreement, in a worlmmnhke mariner. The Murficipality's agreement to complete the DRP
Project(s) is subject to the provisions of paragraphs 13 and 14 of this Exhibit A. All references contained in
this Agreement to MUmcipality shall be deemed to include the sub-recipient(s) shown on Exhibit(s) B.
2. Program Administration
(a) Authorization
Notwithstanding any other provision of this Agreement, the Municipality must submit evidence, and
the Department must certify, prior to any commitment of fimds under this Agreement, that the Project(s) are
in accordance with applicable regulations. Upon such certification, the Department will give notice author~
izmg the Municipality to begin the DRP Proj ect(s).
(b) Supervision
It is agreed that the nature and extent of the DRP Project(s) undertaken pursuant to this Agreement
shall be subject to general oversight by the County. The Municipality agrees to comply fully with rules,
regulations, criteria, guidelines and expenditure controls heretofore adopted or to be adopted by the County.
(c) Environmental Review Process
The Municipality shall act as the lead agency with regard to any Project(s) to which the State Envi-
ronmental Quality Review Act ("SEQRA") is applicable, shall maintain all applicable documentation and,
upon request, shall submit copies of any Environmental Assessment Forms, determinations, etc. to the De-
partment.
(d) Compliance with Law
In rendering Services under this Agreement, the Municipality shall comply, and shall require its offi-
cers and directors, parmers, trustees or other members of its governing body and personnel employed to
render services under this Agreement to comply, with all applicable local, State and Federal laws, regula-
tions, rulings and requirements of law, including without limitation Suffolk County local preference and
other applicable Suffolk County local laws and resolutions of the Suffolk County Legislature.
(e) Engineering Certificate
The Municipality shall submit proof to or along with any plans, reports, specifications, permit or
other applications, analyses or other engineering work required to be submitted to the Department for ap-
proval under this Agreement the Certificate(s) of Authorization, issued pursuant to § 7210 of the New York
Education Law, o fits consultants, subconsultants, subcontractors, and/or any other entity (including, but not
limited to, Municipality and any of its subsidiaries, divisions, affiliates or an entity under the control of Mu-
nicipality) performing all or part of the engineering servxces necessary hereunder. Failure to file, submit or
maintain said Certificate(s) shall be grounds for rejection of any plans, reports, specificafions, permit or
other applications, analyses or other engineering work submitted for approval under the terms of this
Agreement.
ED3 (12/01)
Page 1 of 8 pages of Exhibit A
3. Performance
(a) The Municipality agrees to begin work on its DRP Project(s) within a reasonable time after
the commencement of the term of this Agreement and will attempt to complete all DRP Project(si within
eighteen (18) months of the effective date of this Agreement.
(b) tfthe Municipality's performance lags substantially behind the Municipality's proposed
schedule of completion, the County may take the following actions either singularly or in combination:
i. Require the Mmfmipality to submit information to the County regarding the
reasons for lack of performance and actions being taken to remove the causes
for delay.
ii. Require the Municipality to demonstrate to the Cotmty that the Municipality
has the capacity to carry out DRP Project(s) in a timely manner.
iii. Requke the Municipality to submit to the County progress schedules for
completing DRP Proj ect(s).
iv. Require the Muuicipahty to suspend, discontinue or not incur costs for DRP
Project(s).
4. Term of Agreement
(a) This Agreement shall cover the period provided on the first page thereof, unless sooner ter-
minated as provided below.
(b) Unless this Agreement shall have been terminated as provided below, the County shall have
ari option at its sole discretion to extend the term of this Agreement for one year on the same terms and con-
ditions provided in this Agreement. Such renewal shall be at the sole discretion of the Commissioner of the
Department of Econnmic Development by written notice to the Municipality of the County's election to ex-
ercise such renewal option.
5. Funding
(a) Budget
The Municipality represents and agrees that the Budget(s) included in Exhibit(s) B, include(s) all
costs of materials, appliances, tools, labor, etc. needed by the Municipality rd undertake the DRP Project(s).
(b) Limitations
Said payment to the Municipality shall be for approved Project expenditures, nor to exceed the
Budget(s) in Exhibit(s) B. Payment under this Agreement shall not duplicate payment from any other
source(s) for Municipality costs and services provided pursuant to this Agreement. The maximum amount to
be paid by the County as set forth on the cover page of this Agreement shall constitute the full obligation of
the County in connection with this Agreement and any matter arising therefrom.
(e) Payments of Expenditures
The County agrees to pay the Municipality for actual costs incurred pursuant to this Agreement on
receipt of cla'uns submitted on a standard Suffolk County Payment Voucher in addition to any other form(s)
required by the Department or the Department of Audit and Control, together with sufficient supporting data
(e~g., copies of cancelled cheeks, paid receipts, contracts for sale of real property, certified payrolls), in ac-
cordance with the "Regulations for Accounting Procedures for Contract Agencies" promulgated by the De-
ED3 (12/01)
Page 2 of 8 pages of Exhibit A
partment of Audit and Control of Suffolk County and any amendments thereto during the term of this
Agreement. All claims for payment are to be submitted within th/try (30) days after the close of the month
in which the expenditure was made. Claims are subject to adjusunenrs or audit by authorized persormel of
the County.
(d) Advance Payments
Upon written request of the Municipality, the County may authorize advances of funds in anticipa-
tion of actual expenditures not in excess of 30% of the undisbursed balance of the amount for any Project in
the Budget in order to meet subcontractor expenses thn a timely manner. Such requests shall be submitted by
the Municipality, on a form specified by the Department. In the event that advances of funds are made, no
further pa,vments will be made until documentation satisfactory to the County is submitted verifying that the
advanced funds were expended in accordance with this Agreement.
(e) Payment Schedule
Payment of all vouchers shall be according to a payment schedule approved by the Department.
Any fimds advanced but not expended at the end of the term of this Agreement shall immediately be due
and owing to the County.
(f) Final Report and Claim
No later than two (2) months after the completion of each Project, unless otherwise directed by the
Department, or upon the expiration or termination of this Agreement the Municipality shall submit a final
report stmunarizing the completed Project(s), together with a final request for payment of all approved ex-
penditures then remaining unpaid or documentation satisfactory to the County verifying that any advanced
funds not previously documented under snbparagraph (d) above or repaid pursuant to subparagraph (e)
above were expended in accordance with this Agreement.
(g) Agreement Subject to Appropriation of Funds
This Agreement is subject to the amount of funds appropriated and any subsequent modifications
thereof by the Suffolk County Legislature, and no hability shall be incurred by the County under this
Agreement beyond the amount of funds appropriated by the Legislature for the program covered by this
Agreement.
(h) Post-Audit
Ail payments made under this Agreement are subject m audit by the Suffolk County Comptroller
pursuant to Article V of the Suffolk County Charter. The Municipality further agrees that the County Comp-
troller and the Department shall have access to and the fight to examine, audit, excerpt, copy or transcribe
any pertinent transactions or other records relating to services under this Agreement. If the Municipality
fails to cooperate with an audit by the Comptroller, the County shall have the fight to suspend or partially
withhold payments under this Agreement or under any other agreement between the parties until such coop-
eration is forthcoming. If such an audit discloses overpayments by the County to the Municipality, within
thirty (30) days after the issuance of an official audit report by the Comptroller or his duly designated repre-
sentatives, the Municipality shall repay the amount of such overpayment by check to the order of the Suf-
folk County Treasurer or shall submit a proposed plan of repayment to the Comptroller. If there is no re-
sponse or if satisfactory repayments are not made, the County may recoup overpayments from any amounts
due or becoming due to the Municipality from the County under this Agreement or otherwise. The provi-
stuns of this subparagraph shall survive the expiration or termination of the Agreement.
ED3 ~12/01) Page 3 of 8 pages of Exhibit A
6. Accounting and Audit Procedures
(a) The Municipality agrees ro maintain accounts, records, documents, and other evidence and
accounting procedures and practices which sufficiently and properly reflect all dkect and indirect costs of
any nature expended in the performance of the Agreemem in accordance with generally accepted accounting
principles, the "Regulations for Accounting Procedures for Contract Agencies" as promulgated by the
County Department of Audit and Control and any financial directives promulgated by the Department.
(b) All records shall be subject at all reasonable frmes to inspection, review, or audit by person-
nel duly authorized by the Department or by tM County Comptroller or his duly designated representatives
only to verify that payments were properly made and to verify tho nature and extent of costs of apphcabte
services provided by Mufflcipality, Such access is granted notwithstanding any exemption, from disclosure
that may be claimed for those records which are sub~ect to nondisclosure agreeman~s, trade secrets and
commercial information or financial information that is privileged or confidential.
(c) The Municipality agrees to retain all accounts, records and other documents relevant to this
Agreement for seven (7) years after final payment. Federal, State and~or County auditors and any persons
duly authorized by the County shall have full access and the fight to exam/ne any of said materials during
said period.
(d) A copy of any audit report conceming the DRP Project(s) shall be forwarded to the Suffolk
County Comptroller for his review. Any such report shall be accompanied by a detailed written response to
audit findings and recommendations by the Municipality outlining the plan of corrective action and timeta-
ble it intends to follow to correct audit deficiencies and to implement audit recommendations.
7. Real Property
(a) Real property acquired or improved in whole or in parr using DRP funds that is within the
control of the Municipality shall require the following actions:
i. The timely notification of the County by the Municipality of any modifica-
tion or change in the use of the real property from that planaed at the time of
acquisition or improvement including disposition;
ii. Reimbursement of the County in an amount equal to the current fair market
value (less any portion thereof attributable to expenditures ofnon-DRP
funds) ofpreperty acquired or improved with DRP funds that is sold or
transferred for a use wtfich does not qualify under the DRP regulations; and,
iii. Return of program income to the County generated from the disposition or
transfer of property prior to or subsequent to the closeout, change of status
or termination of this Agreement between the County and the Municipality.
(b) The provisions of this paragraph shall survive the expiration or termination of this Agree-
merit.
8.
County-Municipality Relationship
It is expressly agreed that the Municipality's status hereunder is teat of an independent contractor.
Neither the Municipality nor any person hired by the Municipality or any subrecipiem or subcontractor shall
be considered employees of the County for any purpose whatsoever.
ED3 (12/01) Page 4 of 8 pages of Exhibit A
9. Gratuities
The Murdcipality represents and warrants that it has not offered or g~ven any gratuity to any official,
employee or agent of Suffolk County or New York State or of any political party, with the purpose or xnrem
of securing favorable treatment with respect to the awarding or mending of an agreement or the making of
any determinations with respect to the performance of an agreement, and tlmt the signer of this Agreement
has read and is familiar with the provisions of Local Law No. 32-1980 of Snffolk County (Chapter 386 of
the Suffolk County Code).
10. Nondiscrimination
(a) Equal, Employment Opportunity and Affirmative Action in EmpIoyment
In accordance with Article 15 of the Executive Law (al~o known as the Human Rights Law) and all
other County, State and Federal constitutional, statutory and adm'mistratNe nondiscrimination pmwsions, the
Municipahty shall not discriminate against any employee or appl/cant for employment because of race, creed,
color, sex, national origin, age, disability: Vietnam Era Veteran stares or marital status. The Municipality
shall comply with Part E - Suffolk CounTy Contracting Requirements, of which a copy is annexed, of the
Suffolk County Affirmative Action Plan.
(b) Nondiscrimination In Services
(i) Furthermore, the Municipality, in providing services under this Agreement, shall
not, on the grounds of race, creed, color, national origin, sex, age, disability or marital status:
A. Deny an individual any services or other benefits provided under the
program:
B. Provide any services or other benefits to an individual which are dif-
ferent, or are provided in a different manner, from those provided to
others under the program;
Subject an individual to segregation or separate treatment in any
matter related to his/her receipt of any servxces or other benefits pro-
vided under the program;
D. Restrict an individual in any way in the enjoyment of any advantage
or privilege enjoyed by others receiving any services or other bene-
fits provided under the program;
E. Treat an individual differently from others in determining whether or
not the individual satisfies any eligibility or other reqmrements or
conditions which individuals must meet in order to receive any aid,
care, services, or other benefits provided under the program.
(ii) The Contractor shall not utilize criteria or methods of administration which have
the effect of subjecting individuals to discrimination because of their race, creed, national origin,
sex, age, disability or marital stares or have the effect of defeating or substantially impairing ac-
complishment of the objectives of the program in respect to individuals of a particular race,
creed, national origin, sex, age, disability or marital status in determining:
F. The types of services or other benefits to be provided under the
program, or
ED3 (12/01) Page 5 of 8 pages of Exhibit A
G.The class of individuals To whom, or the situations in which, such
services or other benefits will be provided under the program, or
H. The class of individuals to be afforded an opportunity to participate
in the program.
(iii) The Municipality shall incorporate the foregoing requirements of this paragraph
in all of its contracts for program work and will require all of its contractors for such work to in-
corporate such requirements in all subcontracts for program work.
11. Cooperation on Claims
The Municipality agrees to render dil/gently to the County any and all cooperation, without addi-
tional compensation, that may be required to defend the County agmns~ any claims, demand, or action that
may be brought against the County in connection with this Agreement.
12. Indemnification
To the extent permitted by law, the Municipality shall indemnify and hold harmless the County, its
consultant (if any), employees, agents and other persons l~om and against all claims, costs, judgments, liens,
encumbrances and expenses, including attorneys' fees, arising out of the acts or omissions or negligence of
the Mnnicipality, its officers, agents, servants or employees in connection with the services described or re-
ferred to in this Agreement.
13~ Obligations of Municipality with Respect to Certain Third-Party Relationships
(a) The Mun'~cipality shall remain fully obligated nnder the provisions of this Agreement, not-
withstanding its designation of any third party or parties for the undertaking of all or any part of the program
for which assistance is being provided under this Agreement to the Municipality.
(b) Any agreement between the Mnnicipality and a third-party subrecipiem shall be in compli-
ance with all applicable local laws, rules and regulations and shall include the following provisions in a
written agreement:
[. A description of each task to be undertaken by the subrecipient, a schedule
for completing each task and a budget for each task, as set forth in the ap-
plicable Exhibit B to this Agreement.
d. Specification of records, reports and data to be maintained or submitted.
iii. Compliance with all applicable State and local laws, precluding, but not
limited to, environmental laws.
~v. Indication that the agreement may be terminated for default, inability, or
failure to perform.
v. Requirement that any County funds on hand or accounts receivable at the
time of termination shall be returned to the County.
m. Provision that the agreement is subject to and incorporates by reference, all
of the provisions of this Al~eement.
ED3 (12/01) Page 6 of 8 pages of Exkibit A
14. Assignment and Subcontracting
(a) The Municipality shall not assign, transfer, convey, sublet, or otherwise dispose of this
Agreement, or any of its right, title or interest therein, or irs power m execute this Agreement, or assign all
or any portion of the monies that maybe due or become due thereunder, to any other person or corporation,
without the prior consent in writing of the County, and any attempt m do any of the foregoing without such
consent shall be of no effect.
(b) The Murficipality shall not enter into subcontracts for any of the work contemplated under
this Agreement without obtaining prior written approval of the Department. Such subcontracts shall be sub-
ject to and incorporate by reference all of the provisions of this Agreement and such other cond'¢tions and
provisions as the Department may deem necessary; provided, however, that notwithst~mding the foregoing,
such prior written approval shall not be required for the subcontracts shown on Exhibit(s) B attached hereto.
The Municipality shall beresponsible to the County for the performance of all ob~gations under this
Agreement. No approval by the Department of any subcontract shall provide for the iucurrence of any obli-
gati0n by the County in addition to the agreed upon amount in the Budget.
15. Termination
(a) If the Municipahty fails to fulfill in a timely and proper manner its obligations under this
Agreement, or if the Municipality becomes bankrupt or insolvent or falsifies its records or reports, or mis-
uses its funds fi:om whatever source, the County may terminate this Agreement in whole or with respect to
any identifiable part of the program, effective immediately, or, at its option, effective at a later date spec~-
fled in the notice of such termination to the Municipality.
(b) If the County shall deem it in its best interest to terminate this Agreement, in whole or
with respect to any identifiable part of the Program, ~t shall have the right to do so.
(c) The County shall be released from any and all responsibilities and obligations arising from
the Program covered by this Agreement, effective as of the date of termination, but the County shall be re-
sponsible for payment of all claims for services provided and costs incurred by the Municipality prior to
termination of this Agreement, that are pursuant to, and afier the Murficipatity's compliance with, the terms
and conditions of this Agreement.
(d) Notice of termination must be in writing, signed by an authorized official, and sent to the
other party by certified mail, or by messenger, and receipt shall be requested. Notice of termination shall be
deemed delivered as of the date of its posting by certified mail or at the time it is delivered to the other party
by messenger.
16 Merger Clause
It is understood that this Agreement represents the entire agreement of the parties hereto; that all
previous understandings are merged herein; and that no modifications hereof shall be valid unless written
evidence thereof shall be executed by the party to be charged.
17. No Oral Changes
No modification of this Agreement shall be valid unless written in the form of an Addendum or
Amendment signed by both parties.
ED3 (12/01) Page 7 of 8 pages of Exhibit A
18. Severability
It is expressly agreed that if any term or provision of this Agreement, or the application thereof to
any person or circumstance, shall be helcl invalid or unenforceable to any extent, the remainder of this
Agreement, or the application of such term or provision to persons or circumstances other than those as ro
which it is held:invalid or unenforceable, shall not be affected thereby, and every other term and provision
of t~h/s Agreement shall be val/d and shall be enforced to the fullest extent permitted by law.
- End of Text of Exhibit A-
ED3 (12/01) Page 8 of 8 pages of Exhibit A
SO?FOLK COUNTY CONTP. ACT!HG ~QU_P<E~fENTS
!. ~e~uired Provisions
a) The contraoto~ will_ not discriminate =S==ns~- -: '
employees or applicants for employment because of
race. creed, color, nacicna! origin, sex, age,
disability. Vietnam Era Veteran status or marital
s~anus- and will ~%dertake or continue existing
and minoriuv crou~ me..~oers are afforded e~aa!
emp!cyraen5 cp~srtu~_ities without discrimination.
Affirmative action shall mean =~ ~=. =~ ~ .
job assi?_ment, promouion~ upgradings, demotion,
transfer, !ayoff~ or terminauion and rates of pay cr
other forms[of compensauion'.
· (b) The con~rac~or shall re_quire each employment
agency, labor ~ion, or authorized representative of
workers with which it has a collective bargaining or
onner, aqree~en~ or 'understanding', to =u~_sn a __=~,n
statement that such emplo2~ment agency, labor union or.
representative will not discriminate on the basis of
race, creed, color, national origin, sex, age,
disability~ Vietnam Era Vete3%n status or marital
- 9 -
status and tha~ such unLon or rap~esentative wiAA
affirmatively cooperate in the im~!ementation of the
connrac~or's ob!ig~ions herein.
(c) The canuracuor shall scaue, in all soiicisauians
or advertisements for employees, that, in the
eerformance of the Suffolk County ccntracs, all
qualified applicants will be afforded a~aa! emp!o_vm, enm
cppo~t'~ities without discrimination because of race,
creed, color, nauiona! oriqin, sex, asa, disability,
Vietnam Era Veteran
(d) The conTracTor shall
sections 'a', "b" and "c'
such a ma?-~er that
each sulDco~crac~or
include The provisions of
in every s'~Joconuracc, in
Eke ~rovisions will be
for all work in co.~-~ec~!cn w~
'Suffolk County conuracu.
{e) The contractor shall use all cood fs~th efforus to
imp!emen~ the Suffolk County Women ~%d Minority owe. ed
business enuerprise 9rogrsm and co solicit active
parsicipation bF enterprises identified in the
"Suffolk County Women/Minority Business Enterprise
Directory" ("Coumuy W/M~E Directory') as cersified
women and minority-owned business enterprises.
- !0 -
(f) A~! Suffolk County ~ - '-
_ . co~t~=c~ and all documents
soliciting re~ests_ .or ~ _Dro°°sa!s- or bids ~o. = ~ Suffolk_. ~.
County conuracts shall contain or make reference to
the following definitions:
(1)
Women-owned business enterorise: A
business enterprise, including a sole
Droorietorshio,_ ~
that is:
a. Au least =l~y-one percent owned by one
or more citizens or permanent resident
aliens who are women;
b. D~ ~=~. ~ in wh~c% the ow~.ershio
e_.=__pr_se ...... _
_~.~t=~_~es-~ of such women is real, subst~ntia!
'c. Ar. enterprise in which such women
~ . ex~_c_ses
control'and operate, independently, the
day-to-day business decisions of the
enterprise;
d. An enterprise authorized to do business
zn ~ew ~rk
' '' Suat~ and which 'is indeoendent!v
ovzned ~nd operated.
- 11 -
(3
Minoritv-c~ned business enterurise: A
business-enterprise, including a sole
proprietorship, partnership or corporation
a. At least fifty-one per cent owned by
one or more minority group members;
o. An enterprise in wazcn such minority
ownership is real, suhstantia!
continuing;
c, A=~ enterurise in h~' ' '
- __. w .... n such minor!tV
ow~ershiu has ~ndex~c~s_s~ the authority to
control and operate,
day-to-day business decisions cf the
enterprise; and
~, An enterprise authorized to do business
in New York State 'and is inde~endent!v
and operated. '
Minority ~rou~ member: A United States
citizen or permanent resident alien who is
and ca~ demonstrate membership in one 6f the
following groups:
a. Black persons having origins.in any of
~he Black African racial groups;
b. Hispanic person~ of Mexican, Puert~
Ricoh, Dominican, Cuban, Central or South
- 12 -
American descent of either Indian ex
Hispanic origin, regardless of race;
c. Native A~erican persons having origins
in any of the original peoples of North
~erica~
d. Asian and Pacific islander persons
havin~ oriqins in any of the Far East
cou~ries, SouTh East Asia. the Zndian
subcontinent or the Pacific islands.
Utilization Plan: A plan prepared by a
ccn~ractor and s~bmi~ted in correction with
a proposed Suffolk 2ounty concrac~ ~nd shall
indicace what measures and procedures Eke
conuractor intends ~o tak~ to utilize
Qomen/minority business enter~rzses for the
pr6ject'whic~ i~ ~he subject of the bid
proposal.
Contraccor: ~ individual, a business
once[prise including a sole proprietorship, a
par%nership, a corporatidn', a n~-for-pr~fit
corporation, or any other party to a
conmracc, or a bidder in conjunction with
- 13 -
whereby a Ccunuy a~ency !s co~itted
8x~end_ or ioes ='_:~_..a~' f,~-ds zn' _reuurn fo~_
!~or, services, supplies, e~ipmenu,
materials or any co~inauion of the
=~=c ~c. cc be performed
..... my a Co~%t/ a~ency is
co~isted co e:~end or does e~end f:~.ds for
the ac~isiuion, conscrucuion, demo!ition~
reu!acement, maior repair or renovation of
~sa! proper~y and imp~ovemenus uhereon;
Subcontract: An ~greemenc providing for
the construction, demolition, re~iacemenu,
major repair, renovation, planning or design
of real prop~r~y and [mprove~encs ~ereon or
services between a con~rac~or and a~.y
individual or business enterprise, including
a sole proprietorship, partnership,
- 14-
corporation, on not-fiar-pnofit cerp6ration,
in which a po~nion of a ccnnrazno~ s
obtigsuicn under a County conn~act is-
u_~.dertaken or assumed, but shall not include
any consmrucnion, demolition, replacemenm
major repair, renovation, planninc or design
or rea! propermy or improvemencs thereon or
services for the beneficial use of nke
(~) The contractor shall ce required to acknowledge
That after bid omenin~3 and orior mo ccnmracm award.
suck connracTor wi!! be~==~cll_~-='~m mo ~suiomic a 'Detailed
Utilization Plan" ("Utilization Plan"),
(k) The
contractor's Utilization Plan shall
be ]~m~te~ To:
include,
(t) _denul~lca=lo of the certified women or
minority owned business enterorises tha~ have
committed uo perform work in comnection ~=n uhe
proposed Silffo!k'dounty conurac~ as w~!! 5s ~_nv'
such enterprises which the contractor intends to
use in corm. oozier wiri, A Eke conuracTor's
performance Df the proposed Suffolk County
- 15 -
(2) whether the contractor has advertised in
general circulation media,
~=ae_ association
publications,
media and if
publications
and women-focus and minority-focus
so, the names of such media and
and the dates of the advertisements;
(3) whether certified women/minority businesses
which kayo been solicited my ~= contractor have
responded in a timely fashion to the contractor's
re_crests for proposal or solicitations for timely
(4) whether there has been ~ ~
~r=~==n notification
to appropriate ~'~' women/minority
businesses that appear in the County W/~3E
Diredtory or State Directory if applicable;
(S)-a description of the contract scope of work
which.-the contractor intends to s~rucCurs to
increase tn~ uarticiuation by certified women and
minority-owned business enterprises on the
· Suffolk Ceunty'contracU; .......
(6) the estimated or, if known, actual dollar
amounts to be paid to certified women
minority-owned enterprises ~nd tko uerformance
dates o~ earn component of the Suffolk County
COnErac~ which the conEracEor !ntends to be
performed by ~ certified W/M~E:
(7) documenuscion of The consracuor's actual
utilization of women/minority business
enterprises durim? the previous year.
(i) if selected as che lowest responsible bidder, the
consracuor shall submit periodic reports re!atin~ to
c~e oDeracion and imo!ementation of the submitted
utilization plan, including a final reporu at Uhe end
of the consract corm. A conuracsor comoliance
shall include, bu~ no~ ~- __m_~e~ so:
(1) ~he name, address and te!ephone'nm~ber of
each certified wbme~ and' ~n6~Lo~=~m ..... ~v .~ business
enterprise the concrac~or is using or in,ends to
use to comply with the u~i!izacicn plan;
(2) a brief descrzption of the contract scope
'work to be performed for' the'conrr~cucr b? ~ch
certified women ~nd minority-ow~_.ed business
enqerprise and the scheduled dates for
performance7
- 17 -
~ ~= ~ o[ wketke~ the oon~ractor his ~
wl~h each C~~__ed women and
minoritv-o~ned kusiness enterprise and, if
re~ested, copies of suck agreements;
(4) the actual total cost of the contract scope
of work to be performed by each certified women
and minority-o~aled business enterprise fo~ the
contract~ and
(S) documentation of the at,ua! amounts of any
payments made by the con~ractor to each certified
women ~nd minority-owned business enEerprise as
cf the su_bmission date of the compliance report.
j) in th~ event of the contractor's noncompliance
with ~he n~md[sc~iminatio~'ctauses and W/~3E
re~_~/uirements.of a~.y County contrac~ suck contract may
be canc~t!ed,-terminated or suspended in whole 'or in
part.
2. informal Admih~stra~ive Review
a) Failure to comply with the terms of this W/M~E
pcogram shall be a factor in determining whether a
- 18 -
contractor is the lowest cesoonsible bidder. Upon
~e%~L~es~, a co~tracEor who is nog awarded & co~rac~
may ne notified of the grounds for C~e non-award of
the come,acE.
(b) Failure To comply with the nondiscrimination
clauses a~d W/M_BE re~uirements of ~y County contract
shall be a fmccor in determin!nc whether a
is in defaui~ of suck con~rac~. Upon request, a
con~r~csor who ms decl~red in default of a con~rac~
may be notified of the gro~ds for nocice of defau!~
on such
- 19 -
PRO J ECT SUMMARY
Please Complete and Return
S,C, Depadment of Economic Development
100 Veterans Memorial,Highway
Hauppauge, NY 1~788
Phone: (631)853-4800 1 Fax: (631)853-4888
Name of Organization: Cnrehog~e ~qw Suffqlk L
Cham~e~ of Co.arco
Address: ~0 Box 61o _
Cutchogue~ I~Y., ,11~35
Legislativb Distdct # [
Contact Pe~on: ~ichard J. NoncarrowPhone:631-734-5050 Fax: 631-734-7759
Email:
Town or Village Co-Sponsor: ~o~t of $outhold
Location of Project
Brief Description 'of Project:
~, , The project im focused on ~hangimg the ~ppearance of d?wnto, w~ C~utchogue
.' hy im~talling old fashioned Street lights a~d attzactive sidewalks,
,:~:.,. .".', Flower baskets will be h~ from each light>pole. A~ automatic dr~
"~ ','" ~;;~:" waterin~ s~Stem installed im the' stzeet lights will service, th~ flair
Estimated Co~s (Itemize):
Equipment ,, : _
Supplies
Othe[ Str.a~ Lights
Sidewalks
Brackets for ~skets
Flower Baskets
Dri~ Watzriug-evst~m for basket~
Tre~s
Land Architect and Surveying fees
*Total Proje~ Cost
17~775.00
Attach Copy of 50~(C) 3, Not-For. Profit Certificate. Contract will not be pre-
pared if certificate is not submitted.