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HomeMy WebLinkAboutSuffolk Cty/Downtown Revit 2005 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR 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 ~6311 765-6145 Telephone 1631 ) 765-1800 southoldtown.nor t h{¥rk.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 204 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 12, 2005: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to sign an Amendment to the Downtown Revitalization Program's Round III Program~ with Suffolk Count3' Department of Economic Development, for an extension until June 20, 2005 for the Cutchogue Downtown Revitalization Program, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk Suf[olk Count/Executive April 5, 2005 Honorable Joshua Y. Horton Town of Southold PO Box 1179 Southold, NY 11971-0959 Dear Supervisor Horton: Enclosed please find three copies of the Downtown Revitalization Program's Round III Amendment for Service Contract #ECD00000003. As you requested, your contract will be extended for three months from March 18, 2005 to June 20, 2005. Please sign all three copies and retum them to me as soon as possible in order that we may complete the processing of this Amendment. Sincerely, ~r t~erg~ordinator CEF:bs Enclosures cc: Jim Morgo, Commissioner Legislator Michael J. Caracciolo Mr. Jim McMahon, Tovm of Southold Mr. John Cushman, Town of Southold Jim M. Morgo Comm~ss,oner H. Lee Denn~qon Bldg, 2nd Floor ' Hauppauge, Long Irand, NY I 178843099, phone 631-853-4800 fax: 631-853-4888 ' wwcv. suffolkcountyn¥.govlexedecon Levy May 6, 2005 Honorable Joshua Y. Horton -I'o~ n of Southold PO Box 1179 Southold. NY 11971-0959 Dear Super~ isor I lorton: We would like to take this opportunity to thank you for participating as a sponsor in our Downtown Revitalization Program. Enclosed is the fully executed Amendment extending your Downtovm Ill Contract No. ECD00000003 to June 20. 2005. Please be sure to send receipts for these projects to this office as soon as possible. It has been a pleasure working with you in this cooperative venture that helps to revitalize our important downtow~ communities. If you have any questions on this matter, please do not hesitate to call. $.~/~erely, ~r~nc,~al Re',atinn.[Coord mator CEF:bs Enclosures cc: Legislator Bishop Jim Morgo. Commissioner Bm t4 Hot'go ComrT,ss,oner H. Lee Denmson Bldg., 2nd Floo~ · ½auppaage Long Island. N'r I 1788-0099 - phone: 631-853-4800 fax: 631-853-4888 · ,~,,,w.suffolkcountyni.goUexec/econ Law 3~o. ED003M/pt~~] -05YB Rev. 04/05/05 Town of Southold-Downtown Revitalization 3 Agreement 525-CAP-CAP C3XX-64007 IFMS No. ECD00000003 Amendment No. 2 Second Amendment of Agreement This is the Second Amendment of an Agreement, last dated March 19, 2002 (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 Department of Economic Development & Workforce Housing (Department) located at H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 11788-0099, and the Town of Southold (Municipality), a New York municipal corporation, having its principal place of business at P.O. Box 1179, Southold, NY 11971. The parties hereto desire to modify the Agreement by extending the term of the Agreement from March 19, 2002 through June 20, 2005, to amend other provisions in compliance with current County standards. Sufficient funding exists pursuant to Resolution No. 952-2001 of the Suffolk County Legislature. Term of Agreement: Shall be March 19, 2002 through June 20, 2005. Terms and Conditions: Shall be as set forth in Exhibit A-2. In Witness Whereof, the parties hereto have executed this Second Amendment of Agreement as of the latest date written below. Town of. Southold JTbSh[Ja ~ort~'n own Supervisor Fed. Taxppyer ID #: 11-6001939 Date: q[[~/¢~'~ County of Suffolk Paul Sabatino II Chief Deputy County Executive Date: Approved as to Legality: /' ,/ ' ~ Christine Male/ ~, L ((~ Approved: Department of Economic D,~(,elopment Suffolk Count~ Atto'~i~v/,/ \ ~ ~ & Work/f~ce Ho,~using.~ / ~ /~ /~amantha N. McEach-'~ ~ '- --~ By: I ,~-.~--~,,~f .~ / Assistant County Attorney ~arolyn .E. Fa~y ~ '~ ~" / (' / In't~,,-r~o~ernm~,al Relations Cooh:bhator Date: '~/ i ~/~(~*'-''' Date: cf//~/~ ~''~ Exhibit A-2 Whereas, the County and Municipality have entered into an Agreement last dated March 19, 2002 for a term from March 19, 2002 through March 18, 2004 for Downtown Revitalization activities; and Whereas, the County and Municipality have entered into a First Amendment of Agreement last dated August 11, 2004 for a term from March 19, 2002 through March 18, 2005 for Downtown Revitalization activities; and Whereas, the parties hereto desire to modify the Agreement to extend the term for an additional three months from March 18, 2005 through June 20, 2005; Now, Therefore, in consideration of the covenants, promises and consent herein contained, the parties hereto agree as follows: 1. Term of Agreement: The Term of Agreement paragraph on the cover page of the Agreement is amended to read March 19, 2002 through June 20, 2005 as set forth on page 1 of this Second Amendment of Agreement. 2. Insurance Provisions: Effective as of the beginning date of this extension period, the following insurance provisions shall apply: (a) The Contractor agrees to procure, pay the entire premium for and maintain throughout the term of this Agreement insurance in amounts and types specified by the County. The Contractor agrees to require that all if its contractors, in connection with work performed for the Contractor related to this Agreement, procure, pay the entire premium for and maintain throughout the term of this Agreement insurance in amounts and types equal to that specified by the County for the Contractor. Unless otherwise specified by the County and agreed to by the Contractor, in writing, such insurance will be as follows: Commercial General Liability insurance, including contractual liability coverage, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily injury and Two Million Dollars ($2,000,000.00) per occurrence for property damage. Automobile Liability insurance (if any vehicles are used by the Contractor in the performance of this Agreement) in an amount not less than Five Hundred Thousand Dollars ($500,000.00) per person, per accident, for bodily injury and not less than One Hundred Thousand ($100,000.00) for property damage per occurrence; and Worker's Compensation and Employer's Liability insurance in compliance with all applicable New York State laws and regulations and Disability Benefits insurance, if required by law. Contractor shall furnish to the County, prior to its execution of this Agreement, the documentation required by the State of New York Workers' Compensation Board of coverage or exemption from coverage pursuant to {}{}57 and 220 of the Workers' Compensation Law. In accordance with General Municipal Law {}108, this Agreement shall be void and of no effect unless the Contractor shall provide and maintain coverage during the term of this Agreement for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. Professional Liability/Errors and Omissions Insurance in an amount not less than Two Million Dollars ($2,000,000.00) on either a per occurrence or claims made coverage basis. (b) All policies providing such coverage shall be issued by insurance companies with an A.M. Best rating of A- or better. (c) The Contractor shall furnish to the County Declaration Pages for each such policy of insurance and upon request, a true and certified original copy of each such policy, evidencing compliance with the aforesaid insurance requirements. In the case of commercial general liability insurance, the County of Suffolk shall be named as an additional insured and the Contractor shall furnish a Declaration Page and endorsement page evidencing the County's status as an additional insured on said policy. (d) All such Declaration Pages, certificates and other evidence of insurance shall provide for the County of Suffolk to be notified in writing thirty (30) days prior to any cancellation, non-renewal or material change in said policies. Such Declaration Pages, certificates, policies and other evidence of insurance and notices shall be mailed to the Department at its address set forth in the paragraph entitled "Notices and Contact Persons" or at such other address of which the County shall have given the Contractor notice in writing. (e) In the event the Contractor shall fail to provide the Declaration Pages or certificates of insurance or to maintain any insurance required by this Agreement, the County may, but shall not be required to, obtain such policies and deduct the cost thereof from payments due to the Contractor under this Agreement or any other agreement between the County and the Contractor. (f) If the Contractor is a town or other municipal corporation and has a self- insurance program under which it acts as a self-insurer for any of such required coverage, it may provide self-funded coverage and certificates or other evidence of such self- insurance in lieu of insurance issued by insurance companies. 3. Indemnification: Effective as of the beginning date of this extension period, the following indemnification provisions shall apply: The Contractor agrees that it shall protect, indemnify and hold harmless the County and its officers, officials, members, employees, agents and invitees (the "County Indemnified Parties") from and against all liabilities, fines, penalties, actions, damages, claims, demands, judgments, losses, costs, expenses, suits or actions and costs, including reasonable attorneys' fees, and shall defend the County in any suit, including appeals, or at 3 the County's option, pay reasonable attorney's fees for defense of any such suit arising out of the acts or omissions or negligence of the Contractor, its agents, employees or subcontractors in connection with the services described or referred to in this Agreement. 4. Child Sex Abuse Reporting Policy: Effective as of the beginning date of this extension period, the following Child Sex Abuse Reporting Policy provisions shall apply: The Contractor has read and agrees to comply with Chapter 577, Article IV, of the Suffolk County Code, entitled "Child Sexual Abuse Reporting Policy" as now in effect or amended hereafter or of any other Suffolk County Local Law that may become applicable during the term of this Agreement with regard to child sexual abuse reporting policy. Suffolk County Local Laws, Rules and Regulations can be found on the Suffolk County web site at www.co.suffolk.ny, us Click on "Laws of Suffolk County" under "Suffolk County Links". 5. Living Wage Law: Effective as of the beginning date of this extension period, the following Living Wage Law provisions shall apply: This Agreement is subject to the Living Wage Law of the County of Suffolk. The law requires that, unless specific exemptions apply all employers (as defined) under service contracts and recipients of County financial assistance, (as defined) shall provide payment of a minimum wage to employees as set forth in the Living Wage Law. Such rate shall be adjusted annually pursuant to the terms of the Suffolk County Living Wage Law of the County of Suffolk. Under the provisions of the Living Wage Law, the County shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies as set forth therein, for violations of this Law. The Contractor represents and warrants that it has read and is familiar with the requirements of Section 6 of Chapter 347 of the Suffolk County Local Law No. 12-2001, the Living Wage Law. Suffolk County Local Laws, Rules and Regulations can be found on the Suffolk County web site at www.co.suffolk.ny.us Click on "Laws of Suffolk County" under "Suffolk County Links". 6. Certification: The parties to this Agreement hereby certify that, other than the funds provided in this Agreement and other valid Agreements with the County, there is no known relationship within the third degree of consanguinity, life partner or business, commercial, economic, or financial relationship between the parties, the signatories to this Agreement, and any partners, members, directors, or shareholders of five percent (5%) (or more) of any party to this Agreement. 7. Civil Actions: The Contractor represents that it shall not use any of the moneys received under this Agreement, either directly or indirectly, in connection with the prosecution of any civil action against the County of Suffolk or any of its programs, funded by the County, in part or in whole, in any jurisdiction or any judicial or administrative forum. 8. Set-Off Rights: 4 The County shall have all of its common law, equitable, and statutory rights of set-off. · - These rights shall include, but not be limited to, the County's option to withhold, for the purposes of set-off, any moneys due to the Contractor under this contract up to any amounts due and owing · · to the County with regard to this contract and/or any other contract with any County department or agency, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the County for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The County shall exercise its set-off rights in accordance with normal County practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the County agency, its representatives, or the County Comptroller, and only after legal consultation with the County Attorney. 9. Gratuities: The Municipality represents and warrants that it has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State of any political party, with the purpose or intent of securing an agreement or securing favorable treatment with respect to the awarding or amending of an agreement or the making of any determinations with respect to the performance of an agreement, and that he has read and is familiar with the provisions of Local Law No. 32-1980 of Suffolk County (Chapter 386 of the Suffolk County Code). t 0. Except as herein amended, all other representations, terms and conditions of said Agreement, including any and all amendments or budget modifications executed prior to the date hereof, are hereby ratified and confirmed to be in full rome and effect. Suffolk County SCEX Form 22 __ .~.,~ Contractor's/Vendor's Public Disclosure Statement Pursuant to Section A5-7 of the Suffolk County Administrative Code, to be completed by all providers which have a contract with Suffolk County in Excess of $1,000 or have three or more contracts with Suffolk County any three of which, when combined exceed $1,000 except: (1) Hospitals, (2) Educational or Governmental Entities, (3) Not-For-Profit Corporations, or (4) Providers of Foster Care, Family Day Care or Child Protective Consulting Services. ' = = 5.b = Contractor'sNendor's Name Town of Southold Address PO Box 1179 City and State Southold, NY Zip Code 11971 Contracting Department's Name Economic Development Address_ H. Lee Dennison Buildin.q - 2n~ Floor, Hauppau.qe, NY 11788 Payee Identification or Social Security No. Type of Business~Corporation__Partners~ Proprietorship VOther Is your firm entering into or has your firm entered into a contract with Suffolk County in excess of $1,000 V Yes No. Has your firm entered into three or more contracts, ihcluding the one for which you are now completing t. his form, with Suffolk County, any three of which, when combined, exceed $1;000~'Yes No. If you answered yes to either part 5a or 5b, you must complete parts 6 through 9. In any event you must answer parts 10 and 11. Table of Organization. List names and addresses of all principals; that is, all individuals serving on the Board of Directors or comparable body, names and addresses of all partners, and names and addresses of all corporate officers. Conspicuously identify any person in this table of organization who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary.) List all names and addresses of those individual shareholders holding more than five percffnt (5%) interest in the firm. Conspicuously identify any shareholder who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary). 10. Does your firm derive 50% or more of its total revenue from your contractural or vendor relationship with Suffolk County?.__Yes v~ No. If Yes, you must submit with this disclosure statement, a complete financial statement listing all asset ies as well as a profit and loss statement. These statements must be certified by a Certified Public Accountant. (Strike this out if not applicable.) The undersigned shall include this Contractor'sNendor's Public Disclosure Statement with the contract (describe general nature of the contract) Pagelof2 SCEXForm22 "'11. , Remedies. The failure to file a verified public disclosure statement as required under this local law shall constitute a material breach of contract. Suffolk County may resort, use or employ any remedies contained in Article II of the Uniform Commercial Code of the State of New York. In addition to all legal remedies, Suffolk County shall be entitled, upon a determination that a breach has occurred, to damages equal to fifteen percent (15%) of the amount of the contract. '12. Verification. This section must be signed by an off~cer or principal of the contractor or vendor authorized to sign for the .company for the purpose of executing contracts. The undersigned being sworn, affirms under the penalties of perjury, that he/she has read and understood the foregoing statements and that they are, to his/her own knowledge, Printed Name of Signor: Title of Signor: Name of Firm: Signed: Individual Proprietorship or Partnership Acknowledgement State of ) ) SS: County of ) On the ~ day of '~"~/ , 20 ,~ "r/, before me personally came ~---C~-/,~.,,2 ~V /7~,~7z~.,M , to me known and known to me to be the person described in, and who executed, the foregoing instrument, and duly acknowledged that he/she executed the same. LINDA J. COOPER NOTARY PUBLIC, State of New Yo~k No. 4822563, Suffolk County Term E~pires,..~'~ 2/ ~ Corporate Acknowledgement State of ) ) County of" ) SS: On the o~,~,~ day of ,'~,~,~/~ , 20 ,~4- ., before me personally came .~.~/~,~,~ ~ /¢0,~,~/~ ., to me known, who being duly sworn, did dispose and say that he/she resides in ~'~'/;~-,~,,~,~ ,<- 7- , that he/s~r~ is the of ~'oC/ZT'~-z~ 7-~j,cJ corporation described in and which executed the foregoing instrument; that he/she knew the seal of said corporation; that the seal affixed to .said instrument was such corporate seal; that it was so affixed by the order of the board of directors of such corporation, and that he/she signed his/her name thereto by like order. Notary Public ~ UNDA J. cOOPER NOTARY pu~UC, State o7 NEw york SCE× Form 22 (Rev. 7/16/02) .,~ 4822563, suffolk coar'tY . Reference: Suffolk County Administrative Code Section A5-7';~'; ~.~.s ~)E~ .a/ ,¢~ Page 2 of 2 SCEX Form 22