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Home My WebLink AboutLaurel Lake Pres & Trail Plan 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 ~631) 765-6145 Telephone 1631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 428 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 1, 2004: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to sign a Stewardship Agreement between the Town of Southold and the Suffolk County Department of Parks~ Recreation and Conservation, as part of the Laurel Lake Preservation & Trail Plan, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk Stewardship- Laurel Lake Preserve Law No.A~PK- ~2~),~ Rev. 2/17/05 Passive Parkland Agreement Stewardship Agreement This Agreement (Agreement) is between the County of Suffolk (County/Licensor), 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 Parks, Recreation, and Conservation (Department) located at Montauk Highway, West Sayville, New York 11796, and the Town of Southold (Town), having its principal place of business at 53095 Main Road, Southold, New York 11971. The parties hereto desire to enter into a Stewardship Agreement for the purpose of designing, creating and maintaining a trail system linking all of the preserved parcels currently owned by the County in the "Laurel Lake Preservation Area" (Premises) for use as passive parkland and to provide parking and restroom facilities to support the use of the property's hiking trails. Term of Agreement: Shall commence upon execution of this Agreement and continue for a period of Twenty (20) years. Total Cost of Agreement: No cost to County. Terms and Conditions: Shall be as set forth in Exhibits A and B and Exhibit C entitled "Suffolk County Legislative Requirements Exhibit for Contracts." In Witness Whereof, the parties hereto have executed this Agreement as of the latest date written below. Town o,~/outhold /s0Shu~ H6r~on upervisor Date: Approved as to Legality: Christine Malafi Suffolk County Attorney . /--'"---' P~tricia- M. Jordan./ Assistant Cc)unty.~t~rney Date: ~/,/~ ..L/~,r ' County(~uffolk Paul Sabatino II Chief Deputy County Executive Date: I~/~..~_ Approved: Suffolk County Department of Parks, ~d Conservation Ronald F. Foley Commissioner Date: ,_~2/~-:"z-/~:2.~'- Page 1 of 27 ~tewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement Exhibit A Table of Contents General Terms and Conditions 1. Inconsistent Provisions 2. Term and Termination by County in the Public Interest 3. Default/Termination for Cause 4. Terms and Conditions 5. Town Provided Services a. Development of Premises b. Improvements to Premises c. Improvement/Maintenance d. Plans and Specifications e. Space and Equipment f. Refuse and Garbage g. Utilities h. Security i. Qualifications of Employees j. Sanitary Condition of Premises k. Signage I. Safety Guidelines m. Public Access 6. Suffolk County Legislative Requirements 7. Right of Access 8. SEQRA 9. Environmental Compliance 10. Conduct of Employees 11. County/Licensor Property 12. Advertising 13. Insurance 14. Accounting and Record Keeping 15. Contact Persons/Notice Requirements 16. Representation of Inspection 17. Indemnification 18. Public Disclosure 19. Risks of Town 20. Regulatory Compliance 21. Licenses and Permits 22. Claims for Compensation 23. Changes to Agreement 24. Liens 25. License/Not A Lease 26. Fire Safety Standards Page 2 of 27 Stewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement 27. Hazardous Waste 28. Inspection of Premises 29. Illegal or Objectionable Conduct 30. Not A Co-Partnership 31. County Representatives 32. Change in Park Facilities 33. Living Wage Law 34. Child Sexual Abuse Reporting Policy 35. Cooperation on Claims 36. Conflict of Interest 37. Change in Department 38. No Implied Waiver 39. Insolvency 40. Independent Contractor 41. No Assignment 42. Not in Default 43. Gratuities 44. Non-Discrimination Requirements 45. Non-Discrimination in Services 46. Nonsectarian Declaration 47. Severability 48. Litigation/Accidents 49. Intoxicated Persons 50. All Rights Reserved 51. Governing Law 52. Entire Agreement 53. No Oral Changes Exhibit B Description of Stewardship Services and Associated Policies and Protocols Suffolk County Resolution No. 723-2004 Map of Laurel Lake Preservation Area Town of Southold Proposal for the Laurel Lake Preservation and Trail Plan Exhibit C Suffolk County Legislative Requirements Exhibit for Contracts · Suffolk County Living Wage Requirements · Child SexualAbuse Reporting Policy · Gratuities · Contractor'sNendor's Public Disclosure Statement · Suffolk County Code Chapter 380 (Pest Control) (Incorporated by reference.) · Organic Parks Maintenance Plan and any other county policies relating to pesticides. (Incorporated by reference.) · Suffolk County Code § 378-4 (Prohibited Acts) (Incorporated by reference.) · Suffolk County Sanitary Code (Available upon request.) Page 3 of 27 tewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement Exhibit A General Terms and Conditions Whereas, pursuant to the Suffolk County Resolution No. 723-2004, the Suffolk County Department of Parks has been authorized to enter into a Stewardship Agreement with the Town of Southold for the Laurel Lake Preservation Area; and Whereas, the Town of Southold (Town) has expressed a willingness to assume stewardship responsibilities for parcels owned by the County of Suffolk and by the Suffolk County Water Authority around Laurel Lake for the purpose of designing, creating and maintaining a trail system linking all of the preserved parcels; and Whereas, the Town of Southold has received funding from the New York State Office of Parks, Recreation and Historic Preservation to further this proposal; and Whereas, the project area has been recognized in the New York State Open Space Conservation Plan, the Long Island Pine Barrens Maritime Reserve, the Special Groundwater Protection/Recharge Area, the Suffolk County Drinking Water Protection Plan, the Southold Watershed Protection Plan, the Peconic Bay Maritime Reserve Area, and the Southold Town Community Preservation Plan; and Whereas, the Laurel Lake Preserve has numerous and diverse ecological areas ranging from open grassed lands, an old overgrown orchard and vineyard, areas in the first stage of successional growth, mature woodlands, fresh water wetlands, and Laurel Lake; and Whereas, the Stewardship Agreement would provide an overall management plan linking all of the preserved parcels and Laurel Lake into a passive recreation preserve; and Whereas, an eventual goal of the Stewardship Agreement would be to provide the public with parking and a small restroom facility to support the use of the property as hiking trails; Now, Therefore, in consideration of the premises and the mutual covenants and conditions herein contained, it is agreed by the parties hereto, as follows: 1. Inconsistent Provisions: The provisions of this Exhibit A shall prevail over inconsistent provisions of any other Exhibit and over any other document not specifically referred to in this Agreement or made part thereof by this Agreement or by subsequent amendment in writing and signed by both parties, except to the extent that such provisions of this Exhibit A are specifically referred to and amended or superseded by such Exhibit or Amendments. Page 4 of 27 ~;tewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement = Term and Termination by County in the Public Interest: a. Term This License shall cover the period provided on the first page hereof, unless sooner terminated as provided herein. b, Termination by County in the Public Interest: Notwithstanding anything herein to the contrary, in the event that the Commissioner of the Suffolk County Department of Parks, Recreation and Conservation (hereinafter, the "Commissioner"), determines in his/her sole discretion, that termination is in the public interest, the County reserves the right to terminate this License Agreement. Such termination shall occur upon twenty (20) days notice of intent to terminate the Town. Town shall have an opportunity for consultation with the Commissioner prior to termination. Upon such termination, Town shall quit and surrender the Premises to the Commissioner immediately. Default/Termination for Cause: a. A default by Town under this License is defined as follows: A failure to maintain the amount and types of insurance required by this Agreement shall be deemed a default event and may result in immediate termination of this License Agreement, in the sole discretion of the Commissioner. No prior notice to cure and of intent to terminate shall be required. ii. An emergency or other condition involving possible loss of life, threat to health and safety, destruction of property or other condition deemed to be dangerous, in the sole discretion of the Commissioner, may be deemed a default event and may result in immediate termination of this License Agreement, in the sole discretion of the Commissioner. In such event, no prior notice to cure and of intent to terminate shall be required. Failure to comply with the Paragraph entitled "Fire Safety Standards" shall also be governed by this Subparagraph. iii. Failure to comply with federal, State or local laws, rules, regulations, or County policies or directives, or use of the Premises or facilities herein by the Town for any illegal conduct or purpose, or suffering or permitting any other person to use the Premises or facilities herein for any illegal conduct or purpose shall be deemed Page 5 of 27 Stewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement C= a default event and may result in immediate termination of this License Agreement, at the sole discretion of the Commissioner. In such event, no prior notice to cure and of intent to terminate shall be required. Failure to comply with the Paragraph entitled "Hazardous Waste" shall also be governed by this Subparagraph. iv, A failure by Town to comply with the Paragraph entitled "Conduct of Employees" shall be deemed a default event and may result in termination of this License Agreement. In such event, the period of a notice to cure and of intent to terminate shall be five (5) days, unless an emergency or dangerous condition exists (as in subparagraph "ii" hereof), in the sole discretion of the Commissioner. A failure on the part of Town to observe any of the other terms and conditions of this License on its part to be observed and performed, which failure persists after the expiration of twenty (20) days from the date the Commissioner gives notice to cure and of intent to terminate to the Town; provided, however, that if the matter which is the subject of the notice is of such a nature that it cannot reasonably be corrected within twenty (20) days, then no default shall have been deemed to have occurred if Town, before the expiration of the twenty-day period, diligently commences and prosecutes the same to completion. Soliciting bids, in good faith, for performance of corrective work shall be deemed commencement of such work within the purview hereof. vi. All notices herein shall be in writing and shall comply with the Paragraph entitled, "Contact Persons/Notice Requirements." The notice to cure and of intent to terminate shall call attention to the existence of the failure and particularize the claimed failure in reasonable detail. The notice shall also state the intended date of termination. After a default event, the commissioner or his/her designee, in his/her sole discretion, may terminate the License Agreement. The Commissioner shall give written notice of such termination. If Town shall default under this Agreement and this Agreement is terminated, the Agreement shall expire as fully and completely as if that date were the date herein originally fixed for the expiration of the term; and Town will then immediately quit and surrender the Premises to the Commissioner. In the event the Commissioner repossesses the Premises upon the Page 6 of 27 Stewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement termination or expiration of this Agreement and any renewal hereof or otherwise, Town shall remain liable to the Commissioner for reasonable costs, if any, expended to place the Premises in the physical condition in which Town is obligated to leave them upon expiration of the term and to secure the premises after termination. e= Upon termination pursuant to the foregoing paragraph, the Town acknowledges and agrees that it shall not be entitled nor shall it make a claim for lost profits or loss of anticipated earnings because of termination. Terms and Conditions: The Department hereby grants to the Town and the Town accepts from the Department, an Agreement to provide the activities described herein. The Premises shall be operated in a manner satisfactory to the Commissioner and shall conform to rules and directives of the Suffolk County Department of Parks, Recreation and Conservation. The Town, at its own expense, shall and is hereby authorized to perform the services required to be performed by the Town hereunder. Said performance by the Town shall be in compliance with all of the terms and conditions required to be performed under this Agreement unless specifically stated otherwise herein. Not withstanding the foregoing, the Town shall remain primarily liable for the performance of said services. d= The Town shall comply with all applicable Federal, State, County and local laws, rules, regulations, codes, ordinances and requirements in effect on the date of execution of this License and as may be adopted or amended from time to time. Town shall comply with all applicable laws and regulations governing employee compensation and workplace safety. As applicable, the Town shall require contractors and subcontractors to comply with New York State Prevailing Wage Rate laws and/or Suffolk County Living Wage laws, attached hereto and made part of this Agreement in Exhibit C. Town Provided Services: Development of Premises - The Town shall undertake the following projects, including but not limited to: wetland restoration, grassland restoration, and hiking trails. A hunting program may also be undertaken subject to submission of a specific proposal by the Town and approval in writing by the Commissioner. The Town will take the lead in designing, Page 7 of 27 Stewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement C= d= creating and maintaining the trail system, linking all of the preserved parcels, around Laurel Lake, into a passive recreational preserve. The trail system will be located away from fragile areas and constructed in a manner that provides a safe recreational opportunity for visitors and is resource compatible. The trails will be designed, constructed and maintained according to the standards of the USDA Forest Service specifications. The trailhead will have a covered kiosk to display a map of the entire preserve (520 acres), the trailhead system, and the natural features (plant communities, shrubland, wetlands and forest habitat) on the site. The hiking trails will be unpaved and cleared in a manner sensitive to the environmental resoumes. Improvements to Premises - Improvements shall include, but not be limited to, any and all construction, demolition and the removal of all debris resulting therefrom. An existing dilapidated dock on Laurel Lake will be replaced. Maintenance of improvements authorized hereunder shall be performed to the reasonable satisfaction of the Department. Improvement/Maintenance - The Town, at its own expense, shall improve and maintain the parcels authorized to be acquired by the County pursuant to Resolution No. 723-2004 as passive parklands. The Town shall perform such services as may be necessary to accomplish the work required to be performed under and in accordance with this Agreement. Any and all improvements made to the property at any time shall be made in accordance with Resolution No. 723-2004 of the County or any subsequent Resolutions (resolutions are attached hereto as Exhibit B) and with plans submitted to and approved in writing by the Department prior to commencement of any work. Approved plans shall become part of this Agreement and be attached hereto. Plans and Specifications - The Town shall submit, prior to or along with any plans, reports, specifications, permits or other applications, analyses or other engineering work required to be submitted to the Department for approval under this Agreement, the Certificate(s) of Authorization issued pursuant to § 7210 of the New York Education Law of its consultants, subconsultants, subcontractors and/or any other entity (including, but not limited to, the Town and any of its subsidiaries, divisions, affiliates or an entity under the control of the Town) performing all or part of the engineering services necessary hereunder. Failure to file, submit or maintain said Certificate(s) shall be grounds for rejection of any plans, reports, specifications, permit or other applications, analyses or other Page 8 of 27 Stewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement he j= ke engineering work submitted for approval under the terms of this Agreement. Space and Equipment - All space and equipment covered by this Agreement and used by the Town in the conduct of its programs shall be maintained, cleaned and operated safely by the Town at its own cost and expense as directed by the Commissioner and as otherwise in accordance with Exhibits A and B and any other recognized and accepted standards of operation. Refuse and Garbage -All refuse and garbage costs relating to the operation are to be borne by the Town and said refuse and garbage is to be disposed of in a location satisfactory to the Commissioner. The Town is responsible for full compliance with all applicable laws, rules and regulations. Utilities - The Town shall pay, at its sole cost and expense, for all utilities, including water service, oil for heat, gas, electric and telephone service (if any) consumed in the operation of the licensed Premises. The Town shall pay for all costs to provide such service. In the event utility meters are shared with the County or others licensees, the County will perform an analysis of expenses incurred and will bill Town for reimbursement. Security - The Town shall be responsible for all security and safeguarding of the property and structures thereon as of the date of execution of this Agreement, unless the County takes title to the Premises subsequent thereto. If the County takes title to the Premises, this obligation begins on the date the Town is notified that such title has been transferred to the County. Qualifications of Employees - The Town specifically represents and warrants that it has and shall possess, and that its officers, employees, agents, volunteers and subcontractors have and shall possess, the knowledge and experience necessary to qualify them individually for the particular duties they perform. Sanitary Condition of Premises - The Town shall at all times keep the Premises covered by this License in a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize the Premises covered by this License whenever directed to do so by the Commissioner. Signage -Appropriate signage shall be erected and placed on the Premises indicating that access to the Premises is open to all Suffolk County residents. The sign and its location shall be subject to the approval of the Commissioner. Page 9 of 27 ,' II 'Stewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement = = = Safety Guidelines -The Town shall maintain the Premises in a safe manner and agrees that any volunteers and private citizens participating in activities sponsored or directed by the Town or performing work on behalf of the Town will be made aware of the nature of work which is to be performed and will be required to follow prescribed safety guidelines and procedures. Public Access - The Town acknowledges and agrees that public access to the facility and surrounding grounds will not be restricted and shall be made available equally and at no cost to all residents of Suffolk County. Suffolk County Legislative Requirements: The Exhibit entitled "Suffolk County Legislative Requirements Exhibit for Contracts" is attached hereto and made part of the Agreement. Right of Access: The County/Licensor shall retain the right of access to the Premises and the right to utilize the Premises, as it shall see fit. SEQRA: For purposes of compliance with the State Environmental Quality Review Act (SEQRA), the Suffolk County Department of Parks, Recreation & Conservation will act as Lead Agency for purposes of coordinating the environmental review of actions or modifications to parkland (if any) that may result from this Agreement. Environmental Compliance: The Town agrees to the following environmental provisions: In conducting its activities hereunder, the Town shall reasonably preserve and avoid damage to and destruction of natural, historic or cultural features, including, but not limited to, rare plants, habitats, trees, shrubs and other vegetation. The Town shall comply with all Federal, State and local laws, rules, regulations, codes and ordinances in the performance of this Agreement and shall obtain, pay for, and comply with any conditions contained in any permits, approvals and renewals thereof which are required to be obtained in the legal performance of this Agreement. Such laws and regulations include, but are not limited to: · Suffolk County Code Chapter 380 (Pest Control) Page 10 of 27 Stewardship- Laurel Lake Preserve Law No. -PK- Rev, 2/17/05 Passive Parkland Agreement 10. · Organic Parks Maintenance Plan and any other County policies relating to pesticides. · Suffolk County Code §378-4 (Prohibited Acts) regarding acts prohibited on County parkland. · Suffolk County Sanitary Code. Such compliance shall be at Town's sole cost and expense. Conduct of Employees: a. The Commissioner shall inform Town, in writing or if orally, a written confirmation shall be sent immediately, of any employee of Town whose conduct the Commissioner deems detrimental to the best interests of the Department or the public using the park facilities. Town shall immediately take any and all action necessary and appropriate to remedy the conduct. b= The Town agrees, at the request of the Commissioner, without the making of any specific charges, to forthwith terminate the employment of any employee, agent, or independent contractor whom the Commissioner considers detrimental to the best interest of the Premises or the public using same. In the event the Town fails to remedy the conduct, such failure may, in the sole discretion of the Commissioner, constitute a default event and termination of this Agreement shall be governed by the Paragraph hereof entitled "Default/Termination for Cause." 11. County/Licensor Property: It is expressly understood and agreed that the Premises covered under this Agreement is and shall be the sole property of the County as of the closing date and at all times during the period of this Agreement. All improvements installed or placed within the Premises hereunder shall immediately become the property of the County and shall be lien and encumbrance free. This provision shall survive the expiration or early termination of this Agreement. Any repairs or physical improvements to the Premises or new construction shall be at the Towns' cost unless otherwise agreed to in writing by the County. Any repairs or physical improvements, other than ordinary routine maintenance must be approved by the Commissioner and all applicable permits and approvals must be obtained and submitted to the Department prior to the commencement of any work. Page 11 of 27 Stewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement Upon termination, removal of Town-owned equipment must be coordinated with County personnel with all park grounds restored to a condition satisfactory to the Commissioner. 12. Advertising: 13. The Town covenants and agrees not to advertise in any manner or form, on or about the Premises, buildings, or spaces licensed to it or elsewhere, or in any newspaper or otherwise, except by means of such signs or form of advertising as shall be approved by the Commissioner. The Town shall not employ or use any persons known as "hawkers", "spielers", "criers", or other noisemakers or any other means of attracting attention to the Town's concession without approval by the Commissioner, nor shall the Town carry on within or upon said Premises any other operation than above described, or interfere with any licensees of the Department or any employee of any other licensee. Insurance: The Town 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 Town agrees to require that all if its contractors, in connection with work performed for the Town 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 Town. Unless otherwise specified by the County and agreed to by the Town, 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. ii. Automobile Liability insurance (if any vehicles are used by the Licensee 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 iii. 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. Licensee shall furnish to the County, prior to its execution of this Agreement, the documentation required by the State of New York Workers' Page 12 of 27 'Stewardship- Laurel Lake Preserve Rev. 2/17/05 Law No. -PK- Passive Parkland Agreement d= f= 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 Licensee 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. iv. 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. All policies providing such coverage shall be issued by insurance companies with an A.M. Best rating of A- or better. The Town 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 Town shall furnish a Declaration Page and endorsement page evidencing the County's status as an additional insured on said policy. 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, nonrenewal 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 Town notice in writing. In the event the Town 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 Town under this Agreement or any other agreement between the County and the Town. If a Town 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. Page 13 of 27 Stewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement 14. Accounting and Record Keeping: The Town shall keep separate books of account and records of all operations conducted and donations collected under this Agreement and establish a system of bookkeeping and accounts which is acceptable to the County and which is in accordance with the accounting requirements for concession contracts issued by the Comptroller of Suffolk County. The Town shall permit inspection of said books and records by the Commissioner and Comptroller of the County of Suffolk as often as, in the judgment of the Commissioner or the Comptroller, such inspection is deemed necessary. The Town may be required to submit, at the end of the season or as required by the Commissioner or said Comptroller, a certified profit and loss statement of operations under this License as prepared by a Certified Public Accountant. 15. Contact Persons/Notice Requirements: Any communication, notice, claim for payment, report or other submission necessary or required to be made by the parties regarding this Agreement shall be deemed to have been duly made upon receipt by the parties at the following addresses (or at such other address that may be specified in writing by the parties): For the County: Suffolk County Parks, Recreation and Conservation P.O. Box 144, Montauk Highway West Sayville, New York 11796 Attn: Contracts Management Unit For the Town: At the address set forth on page one of this Agreement, attention of the person who executed this Agreement or such other designee as the parties may agree in writing. Any communication or notice regarding litigation shall be deemed to have been duly made upon receipt by the parties at the following addresses (or at such other address that may be specified in writing by the parties): Page 14 of 27 Stewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement For the County: Suffolk County Parks, Recreation and Conservation P.O. Box 144, Montauk Highway West Sayville, New York 11796 Attn: Contracts Management Unit and Suffolk County Department of Law H. Lee Dennison Building, 6th Floor 100 Veterans Memorial Highway Hauppauge, New York 11788 Attn: Christine Malafi, County Attorney For the Town: At the address set forth on page one of this Agreement, attention of the person who executed this Agreement or such other designee as the parties may agree in writing. It is the Town's responsibility to provide a written notification of any name and/or address changes within the organization of officers. 16. Representation of Inspection: 17. The Town acknowledges that it has examined the site, location, facilities, buildings, structures, area and spaces, and equipment to be used in connection with this License. Town agrees to accept the facilities on the Premises "as is" and return the Premises and equipment in good working order at the expiration of this Agreement, subject to making all required repairs, replacements and improvements, reasonable wear and tear excepted. Indemnification: The Town shall defend, indemnify and hold harmless the County, its consultant (if any), officers, employees, agents and other persons from and against all claims, costs, judgments, liens, encumbrances and expenses, including reasonable attorneys' fees, arising out of the acts, omissions or negligence of the Town, its officers, agents, employees, volunteers, subconsultants, contractors or subcontractors in connection with this Agreement. Page 15 of 27 S'tewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement 18. Public Disclosure: The Town represents and warrants that it has filed with the Comptroller of Suffolk County the verified public disclosure statement required by Suffolk County Administrative Code Section A5-7 and shall file an update of such statement with the said Comptroller on or before the 31st day of January in each year of this Agreement's duration. The Town acknowledges that such filing is a material, contractual and statutory duty and that the failure to file such statement shall constitute a material breach of this Agreement, for which the County shall be entitled, upon a determination that such breach has occurred, to damages, in addition to all other legal remedies, of fifteen percent (15%) of the amount of the Agreement. 19, Risks of Town: 20, The Town, in addition to any terms contained herein, assumes all risks in the operation of this License and shall be solely responsible and answerable in damages for all injuries and accidents in person or property and thereby covenants and agrees to defend, indemnify and save harmless the County of Suffolk and the Suffolk County Department of Parks, Recreation and Conservation and their officials, employees and agents from all claims, suits, actions, losses, damages or injuries to person or property of whatsoever kind or nature, whether direct or indirect, arising out of the operation of this Agreement. b= The risk of loss, damage or destruction from any peril to the furniture, fixtures, equipment or other personal property of the Town shall be borne by the Town. It is further understood and agreed that the Town waives and shall require its insurer to waive any right to subrogation against the County for loss, damage or destruction from any peril to the furniture, fixtures, equipment or other personal property of the Town. Regulatory Compliance: The Town understands and agrees that all activities and actions undertaken in the conduct of this Agreement are subject to, and must be in compliance with, all applicable codes, rules, laws and regulations promulgated by Federal, State, and local governments including, but not limited to, the Suffolk County Legislature and the Suffolk County Charter and Administrative Code. 21. Licenses and Permit: Notwithstanding any other approval required to be obtained by the Town, the Town shall also be required to secure all permits, licenses and certifications necessary for the legal operation of the License at its sole cost and expense. Page 16 of 27 Stewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement In the event that the Town is unable to secure the necessary permits and licenses as provided for in this paragraph prior to the execution hereof or such extensions granted in writing by the Commissioner of the Department of Parks, Recreation and Conservation or in the event that said permits are issued and during the term of this License or renewal thereof, should Town fail to maintain all permits necessary for the legal operation of the licensed Premises, the County, may, at the sole option of the County, cancel this Agreement upon the County giving to the Town five (5) days written notice of its intention to so cancel and whereby there shall be no further liability on the part of either party, except those items which specifically survive termination. It is understood by the parties that obtaining all permits necessary for the improvement and maintenance of the Premises is a material part of this License Agreement and failure to obtain same or cancellation of same after issuance shall be grounds for defaulting the Town. 22. Claims For Compensation: a= The Town hereby expressly waives any and all claims for compensation for any and all loss or damages sustained by reason of any interference by any public agency or official in the operation of this License; any such interference shall not relieve the Town from any obligation hereunder. be The Town hereby expressly waives any and all claims for compensation for any and all loss or damage sustained by reason of any defect, deficiency or impairment of the gas and electrical apparatus, heating equipment, water supply equipment, pipes or wires (if applicable) furnished for the Premises hereby granted, or by reason of any loss or impairment of light, current, or water supply which may occur from time to time for any cause, or for any loss or damage sustained by the Town resulting from fire, water, storm, tornadoes, civil commotion, riots, acts of God or other disasters; and the Town hereby expressly waives all rights, claims, and demands and forever releases and discharges the people of the State of New York, the County of Suffolk, the Suffolk County Department of Parks, Recreation and Conservation and their officers, employees and agents from any and all demands, claims, actions and causes of action arising from any of the enumerated causes whatsoever. 23. Changes To Agreement: To the extent permitted by law, this Agreement may be modified, cancelled or extended if options to extend are included, by Agreement, in writing, executed by the parties hereto and approved by the Commissioner and the County Comptroller as to financial safeguards upon such terms and conditions as may be mutually Page 17 of 27 Stewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement agreed upon between the Town and the County but no such modification, cancellation, or extension shall be effective until so executed and approved. 24. Liens: It is expressly agreed that the County shall have a continuing lien on all personal property of the Town which may be on the Premises for any and all sums which may from time to time become and be due to the County under the terms of this Agreement, and upon default of payment by the Town, the County has the right to take possession of and retain the same until the full amount be paid, or to sell the same at public auction and, after deducting the expenses of such sale, apply the balance of the proceeds to such payment, and if there should be any deficiency, to resort to any legal remedy. 25. License/Not A Lease: It is expressly understood and agreed that no interest in real or personal property is leased or granted to the Town; that this is a License and not a lease; that the Town's right to occupy the Premises and to operate the License hereby granted shall continue only so long as the Town shall comply strictly and promptly with each and all the undertakings, provisions, covenants, agreements, stipulations, and conditions contained herein; and that this License is not coupled with any interest in real property. 26. Fire Safety Standards: The Town shall not use or permit the storage of any turpentine, benzene, naphtha or other similar substances or explosives of any kind, or any substance or thing prohibited in the standard policies of fire insurance companies licensed to do business in the State of New York, in any buildings erected or to be erected on the Premises. In addition, Town shall provide a list of all stored flammable materials necessary for their operation, subject to inspection and approval by the Suffolk County Fire Marshall. Storage shall be in a location and manner acceptable to the Commissioner and the Suffolk County Fire Marshall. 27. Hazardous Waste: The Town shall not generate, treat, release, store, discharge, dispose of, transport, recycle, use, reuse or handle hazardous substances or hazardous waste on the Premises without prior written approval of the Department. Page 18 of 27 , Stewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement 28. Inspection of Premises: 29, It is agreed that the licensed Premises may be inspected at any time by the Commissioner, by authorized representatives of the Commissioner, or representatives of the Suffolk County Department of Health Services or the Suffolk County Department of Fire, Rescue and Emergency Services (FRES). The Town agrees that upon written notification by the Commissioner that any part of the licensed Premises or facilities thereof is unsatisfactory, Town shall, where such condition is caused by Town, remedy the same within a reasonable time (such time to be determined by the Commissioner) except in the event of dangerous health and/or safety conditions impacting upon persons or animals which shall be corrected immediately. Illegal or Objectionable Conduct: The Town agrees not to use, or suffer or permit any person to use in any manner whatsoever, the said Premises or any part thereof or any building thereon for any illegal purpose, or for any purpose in violation of any federal, state, County or municipal law, ordinance, rule, order or regulation now in effect or hereafter enacted, amended or adopted, and will protect, defend, indemnify and forever hold harmless the County of Suffolk, the Suffolk County Department of Parks, Recreation and Conservation and any individual members thereof and their agents, from and against any damage, penalty, fine, judgment, expense or charge suffered, imposed, assessed, or incurred for any violation or breach of any law, ordinance, rule, order or regulation occasioned by any act, neglect or omission of the Town, or any employee, person or occupant for the time being of said Premises; and in the event of any violation, the County shall have the right and power, and is hereby authorized by the Town, to immediately declare this Agreement terminated as if it had naturally expired. The Town agrees not to use, or suffer or permit any person to use in any manner whatsoever, the said Premises or any part thereof or any building thereon for any purpose in violation of any ordinance, rule or regulation of the Suffolk County Department of Parks, Recreation and Conservation now in effect or hereafter enacted, amended or adopted, and in the event of any violation, or in case the County or its representatives shall deem any conduct on the part of the Town, any person or occupant for the time being of the Premises, the License or the operation thereof to be objectionable or improper, the County shall have the right and power, and is hereby authorized by the Town, to immediately declare this Agreement terminated as if it had naturally expired. Page 19 of 27 Stewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement 30. Not A Co-Partnership: Nothing herein contained shall create or be construed as creating a co-partnership between the Suffolk County Department of Parks, Recreation and Conservation or of the County and the Town or to constitute the Town or the Town's officers, agents or employees as agents or employees of the Suffolk County Department of Parks, Recreation and Conservation or of the County. 31. County Representatives: it is expressly understood and agreed by and between the parties hereto that the officers and agents of the County and the Suffolk County Department of Parks, Recreation and Conservation and its officers, employees, and agents are acting in a representative capacity for the County of Suffolk and not for their own benefit, and that neither the Town nor any occupant of the Premises shall have any claim against them or any of them as individuals in any event whatsoever. 32. Change In Park Facilities: 33. It is understood that the County may from time to time make changes in the location and capacities of park facilities and methods of operations and may change the amount charged for the use of same or may discontinue certain park facilities or their use by the public during the term of this License. Town shall not make any claims for loss of profits or anticipated earnings as a result of any changes in the park facilities. Living Wage Law: The Town 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, such requirements are attached hereto as part of the "Suffolk County Legislative Requirements Exhibit for Contracts" and made a part hereof. 34. Child Sexual Abuse Reporting Policy: The Town agrees to comply with the Suffolk County Child Sexual Abuse Reporting Policy, Chapter 577, Article IV, of the Suffolk County Code, attached hereto as part of the "Suffolk County Legislative Requirements Exhibit for Contracts" and made a part hereof, 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. Page 20 of 27 ' Stewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement 35. Cooperation on Claims: Each of the parties hereto agrees to render diligently to the other party, without additional compensation, any and all cooperation, that may be required to defend the other party, its employees and designated representatives against any claim, demand or action that may be brought against the other party, its employees or designated representatives in connection with this Agreement. 36. Conflict of Interest: ae Town agrees that it will not, during the term of this Agreement, engage in any activity that is contrary to and/or in conflict with the goals and purposes of the County. b= Town is charged with the duty to disclose to the County the existence of any such adverse interests, whether existing or potential. This duty shall continue so long as the Town is retained on behalf of the County. The Commissioner shall ultimately make the determination as to whether or when a conflict exists or may potentially exist after full disclosure is obtained. 37. Change In Department: 38. In the event that during the term of this Agreement, the functions and duties of the Suffolk County Department of Parks, Recreation and Conservation are transferred to a new or other department of the County of Suffolk, then in that event the said new or other department will assume the functions and duties of the Suffolk County Department of Parks, Recreation and Conservation hereunder. No Implied Waiver: No failure or delay by either party in enforcing any right or remedy under this Agreement shall be construed as a waiver of any future or other exercise of such right or remedy. 39. Insolvency: If at any time prior to the date herein fixed as the expiration of the term of this Agreement or any renewal hereof, there shall be filed by or against said Town, in any court pursuant to any statute, either of the United States or of any State, a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of the Town's property, Town shall immediately notify County concerning same. In such event, if, within thirty (30) days thereof Town fails to secure a discharge thereof, or if Town makes an assignment for the benefit of creditors, or petitions for or enters into such an arrangement, as may be permitted by law, this concession shall ipso facto be canceled and terminated and in Page 21 of 27 Stewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement which event neither Town nor any person claiming through or under Town or by virtue of any statute or of an order of any court shall be entitled to possession of the demised premises, and County/Licensor, in addition to any other rights and remedies given hereby and by virtue of any other provision contained in this Agreement or by virtue of any statute or rule of law, may retain as liquidated damages any monies received from Town or others on behalf of Town. 40. Independent Contractor: 41. It is expressly agreed that the Town's status hereunder is that of an independent contractor. Neither the Town nor any person hired by the Town shall be considered employees of the County for any purpose. No Assignment: The Town shall not assign, transfer, convey, subcontract or otherwise dispose of this Agreement, or any of its right, title or interest therein, or its power to execute this Agreement, or assign all or any portion of the monies that may be due or become due to Town under the terms of this Agreement, to any person or corporation, without the prior consent in writing of the County, and any attempt to do any of the foregoing without such consent shall be of no effect. Such consent, as described in sub-paragraph a. is at the sole discretion of the Commissioner. 42. Not in Default: The Town warrants that it is not in arrears to the County upon debt or contract and is not in default as a surety, contractor or otherwise on any obligation to or contract with the County. 43. Gratuities: The Town 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 or 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 the signer of this Agreement has read and is familiar with the provisions of Local Law No. 32-1980 of Suffolk County (Chapter 386 of the Suffolk County Code). Page 22 of 27 Stewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement 44. Non-Discrimination Requirements: In accordance with Article 15 of the New York State Executive Law (also known as the Human Rights Law) and all other County, State and Federal administrative, statutory and constitutional nondiscrimination provisions, the Town shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, age, disability, sexual orientation, military service or marital status. 45. Non-Discrimination in Services: During the performance of this Agreement the Town will not, on the grounds of race, creed, color, national origin, sex, age, disability, sexual orientation, military service or marital status, deny any individual any service(s) or other benefits provided under the program or provide any service(s) or other benefits to an individual which are different, or are provided in a different manner from those provided to others under the program. 46. Nonsectarian Declaration: The Town agrees that all services performed under this Agreement are secular in nature, that no funds received pursuant to this Agreement will be used for sectarian purposes or to further the advancement of any religion, and that no services performed under this program will discriminate on the basis of religious belief. Furthermore, the Town agrees that all program services are and will be available to all eligible individuals regardless of religious belief or affiliation. 47. 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 held invalid or unenforceable to any extent, the remainder of this Agreement, or the application of such term of provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby; and every other term and provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. 48. Litigation/Accidents: In the event the Town becomes a party (plaintiff, petitioner, defendant, respondent, third party complainant, third party defendant, etc.) to a lawsuit or any legal proceeding, the Town will immediately forward to the Department at the address set forth on the first page of this Agreement, copies of all papers filed by or against the Town. Page 23 of 27 Stewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement C= The Town shall notify the County/Licensor of any accidents and/or claims, or property damage, arising on or within the Licensed Premises. Notice of accidents and/or claims shall be given immediately (or as soon as possible) to the County by telephone to the number(s) provided in writing to the Town. In addition, written notice, together with a report on the incident and all accompanying documentation, shall be provided in writing to the County as soon as practicable, however, in any event within (1) business day of Steward's receipt of notice or of information regarding an accident or claim. In the event of any disturbance, emergency, criminal or illegal behavior, serious violations of the Department's rules and regulations and other circumstances that may warrant such action, Steward shall also immediately notify the Park Police at (631) 854-1422 and/or other emergency responders. e= Written notices to the County shall comply with the section herein entitled "Contact Persons/Notice Requirements". 49, Intoxicated Persons: The Town shall not permit any alcohol on the said premises, and shall not permit any intoxicated person to remain within or upon said licensed premises during any of their scheduled activities or events. 50. All Rights Reserved: All rights not specifically granted in this Agreement are reserved to County. 51. Governing Law: 52. 53. This Agreement shall be governed by the laws of the State of New York. Entire Agreement: It is expressly agreed that this instrument represents the entire agreement of the parties and that all previous understandings are merged in this Agreement. No Oral Changes: No modification of this Agreement shall be valid unless written in the form of an Addendum or Amendment signed by all parties and approved by the Commissioner and the County Comptroller as to financial safeguards upon such terms and Page 24 of 27 '"Stewardship- Laurel Lake Preserve Rev. 2/17/05 Law No. -PK- Passive Parkland Agreement conditions as may be mutually agreed upon between the Town and the County but no such modification, termination, cancellation, or extension shall be effective until so executed and approved. End of Text of Exhibit A Page 25 of 27 Stewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement Exhibit B e = Description of Stewardship Services and Associated Policies and Protocols Safety Guidelines The Steward shall ensure that any volunteers and private citizens participating in activities sponsored and/or directed by the Steward or performing work on behalf of the Steward are made aware of the nature of work which is to be performed and shall follow all prescribed safety guidelines and procedures. Prior Approval of Work Prior to commencement of any work hereunder, the Steward shall submit a plan and/or drawings detailing all improvements for the Commissioner's approval. No work hereunder shall be performed without the prior written approval of the plans and/or drawings by the Suffolk County Department of Public Works (where applicable) and the Commissioner. Compliance with Law; Plan Preparation Any work performed by Steward shall comply with all applicable Federal, State and local laws (including, but not limited to the Americans with Disabilities Act (ADA), rules, regulations, codes and ordinances. All repairs and/or physical improvements to the properties, or newly constructed facilities (if any) shall comply with applicable laws, rules and regulations. Permits a= The County may assist the Steward in obtaining necessary permits for any needed repairs. The facilities and improvements approved by the Commissioner to be installed by the Steward shall be constructed, installed, maintained and operated in a good, safe, and workmanlike manner, and all work shall be performed in accordance with good, sound, and acceptable construction procedures. Page 26 of 27 ' Stewardship- Laurel Lake Preserve Law No. -PK- Rev. 2/17/05 Passive Parkland Agreement = = 10. 11. 12. 13. Supervision and Inspection All work shall be supervised by and may be inspected at any time by County personnel and shall conform to the rules and policies of the Commissioner. Preservation of Natural Features All work performed hereunder shall avoid damage to or destruction of natural, historic or cultural features, including, but not limited to, rare plants, habitats, trees, shrubs and other vegetation, to the maximum extent possible. Condition of Work Areas The Steward is responsible for the condition and appearance of any of its work areas. Such areas shall be maintained in a clean and safe condition. Where necessary, such areas shall be secured by the Steward. The Steward will remove old dilapidated buildings, cars and debris from the preserve; develop, clean and maintain hiking trails; develop a monitoring system to reduce vandalism; restrict and monitor ATV and motor vehicle access, and create and maintain open grassland areas. The Steward will develop education programs regarding the area for students and interested community groups. The Steward will perform appropriate light maintenance, including litter and brush clean up. The Steward shall submit an annual schedule of planned activities for the licensed facilities to the Commissioner for approval. This schedule should be received by the Commissioner, prior to April 30th of each year. The Steward will develop and maintain a list of the "Birds of the Laurel Lake Preserve". This list will be available at the kiosks at the trailheads. The Steward will develop a trail map and brochure highlighting the natural features (Laurel Lake, grasslands, shrublands, wetlands, and forest habitat) found on the Laurel Lake Preserve. End of Text for Exhibit B Page 27 of 27 ..Suffolk County Legislative Requirements Exhibit for Contracts; last rev. 4/6/04 EXHIBIT C Suffolk County Legislative Requirements Exhibit for Contracts This exhibit is attached to and is made part of the contract executed with the County. Suffolk County Living Wage Requirements Suffolk County Department of Labor - Living Wage Unit · Living Wage Certification/Declaration - Subject to Audit Form LW-38 (Consists of 1 page) · Notice of Application For County Assistance Form LW-1 (Consists of 1 page) II Child Sexual Abuse Reporting Policy · Chapter 577, Article IV, of the Suffolk County Code entitled "Child Sexual Abuse Reporting Policy" (3 pages). III Gratuities · Chapter 386 of the Suffolk County Code, entitled "Political Parties, Gifts to Officials Of'' (2 pages). IV Contractor's/Vendor's Public Disclosure Statement Form SCEX 22; rev. 3~30~04 (form consists of two pages; requires signature & notarization) Note: The Contractor's/Vendor's Public Disclosure Statement Form SCEX 22; rev. 3/30/04, references the following law, which is included with this Exhibit. · Suffolk County Administrative Code Section A5-7 (consists of 3 pages). I Suffolk County Living Wage Documents Check if applicable SUFFOLK COUNTY DEPART.MENT OF LABOR - LIVING WAGE UNIT LIVING WAGE CERTIFICATION/DECLARATION - SUBJECT TO AUDIT If either uf the following definitions of 'assistance' (Living Il'age Law Chapter 347 - 2) applies to the conlractnr's/bcneficiary's business or transaction with Suffolk County, Ihe contraclor/beneficiao' must cumplcte Sections I, 3, 4 below; and Farm LW-I (Notice of Application for Cuunly Assistance). If the following definilions do not apply, the contractnrPoeneficlaW must complete Sections 2, 3 and 4 below. Complcled forms must be submitted to the awarding agency. "Any grunt, loan, tax incentive or abatement, bond financing subsidy or other form of assistance of more that $50,000 which is realized by or provided to an employer ofat least ten ( I 0) employees by or through the authority or approval of the County of Suffolk," or "Any service contract or subcontract let to a contractor with ten (10) or more employees by the County of Suffulk fur the furnishing of services to or for the County of Suffolk (except conlracls where services are incidental to the delivery of products, equipment or corn.modifies) which involve an expenditure equal to or grealer than $10.000. For the purposes of this definition, the amount of expenditure for more than one contract for Ihe same service shall be aggregaled, A contracl for Ihe purchase or lease ofgoods, producls, equipment, supplies or other property is not an 'assistance' for the purposes of this definition." Sectinn ! The Living IVage Law applies to this contract. I/we hereby agree to comply with all the provisions of Suffolk County Local Law No. 12-2001, the Suffolk County Livi,g Wage Law (the Law) and, as such, will provide lo all full, part-time or temporary employed persons ',,,ho perform work or render services on or for a project, manet, contract or subcontract where this company has re~:eived Assistance, from the County of Suffolk as defined in the Law (Assistance) a wage rate of no less than $9.29 ($7.75 for child care providers) per hour worked with health benefits, as described in the Law. or otherwise $10.58 ($9.00 for child care providers) per hour or the rates as may be adjusted annually in accordance with the Law. (Chapter 347-3 B) 'Section 11 I/we timber agree that any tenant or leaseholder of this company that employs at least ten ( I 0) persons and occupies property or u~s equipment or property that is improved or developed as a result of Assistance or any contractor or subcontractor of this company that employs at least ten ( I 0) persons in producing or providing goods or services to this company that are used in the project or matter for which this compuny has received Assistance shall comply with all the provisions of the Law, including those specified above. (Chapter 347-2) I/we further agree to pea'nil access to work sites and relevant payroll records by authorized County representatives for the pu~,ose of monitoring compliance with regulations under this Chapter of the Suffolk County Code, investigating employee complaints of noncompliance and evaluating Ibe operation and effecls of this Chaplet, including the produclioa for inspection & copying of payroll records for any or all employees for the term of the contract or for five (5) years, whichever period of compliance is longer. All pa)roll and benefit records required by the County ',,,'ill be maintained for inspection for a similar period of time. (Chapter 347-7 D) The County Department of Labor shall review the records of uny Covered Employer at leasl unce every three years to verify compliance with the provisions of the Law. (Chapter 347.4 C} The l. iving [i'age Law does not apply 1o this contract for the following reason(s}: Check if .applicable Section III Contractor Name: Contractor Address: Contractor Phone #: Town of Southold 53095 Main Road~ PO Box 1179 Southold, NY 11971 (631I 765-1283 Federal Employer ID#: Amount of Assistance: Vendor #: 11-6001939 Agreement .Descriptionofprojectorservice: Stewardship of Town/County Parklands around Laurel Lake Section IV I declare under peJ~alty of perjury under the Laws of the Stale of New York that the undersigned is authorized to provide this certification. and that the abol~ i~.tme aj:d Collect. I /... f //o . Aulhorized S]'~nature ~!, ~' Dale Joshua. Y. Horton, Supervisor Print Nam~and Title of Authorized Representative LW 38 (Replaces lomas LW2. LW3. und LW331 SUFFOLK COUNTY DEP ,ARTMENT OF LABOR- LIVING WAG.E UNIT NOTICE OF APPLICATION FOR COUNTY ASSISTANCE(Contract] Living Wage Law. Suffolk Count' Code. Chapter 347 (2001) To Be Completed By Applicant/Employer/Contractor 1) 2) 4) 6) NAME: Town of ~outhold VENDOR #: CONTACT: (If kr, ov..n} James McMahon ADDRESS: Town Hall, PO Box 1179 3) CONTRACT ID #: 5) TELEPHONE #: (63!) 765-1283 7) 8) !9) Sou,thold, NY 11971 TERM OF CONTRACT (DATES): 20 years from the date Of contract (2025) PROJECT NAME: (IF DIFFERENT FROM #1) Stewardship-Laurel Lake Preserve AMOUNT: -o- 10) AWARDING AGENCY: County of Suffolk~ Department of Parksr 11) BRIEF DESCRIPTION OF PROJECT OR SERVICE: Recreation The Town ~f 5outhold will develop, clean and maintain hikinq trails, develop a monitorinq system to reduce vandalism, restrict ATV and motor vehicle access. Maintain open grassland areas, develop a trail map. 12) PROJECTED EMPLOYMENT NEEDS: (attach a statement listing, by job classification, the total workforce dedicated to performing this contract or service, including calculation of estimated net increase or decrease in jobs as a result of funding). ~o proj.e.ct~ed~, incre.a, se..jin sta.ff, for 200.6..and ,beypnd utho~o urw start tbrounosKeeper II) ano vmunteers (Bird list inventory} 13) PROJECTED. WAGE LEVELS: (attach a statement listing projected wage levels, compensated days off and medical benefits for total workforce dedicated to fulfilling the terms of this contract, broken down annually for each year of the term of the contract). All Groundskeepers are at step 5 {$21.q5) or above. They receive a minimum of 15 paid vacation day and full medical benefits. ' ' LW- 1 (revised 4/04) ELIT, ABETH 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 (631) 765-6145 Telephone (631) 765-1800 southoldtown.nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 864 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 14, 2004: RESOLVED that the Town Board of the Town of Southold hereby creates the position of Groundskeeper II and establishes the following hourly salary scale effective January 1, 2002: Entry 17.4406 1 18.6406 2 19.1206 3 19.7689 4 20.2489 5 21.4500 Elizabeth A. Neville Southold Town Clerk II Child Sexual Abuse Reporting Policy CHAPTER 577, ARTICLE IV, Child Sexual Abuse Reporting Policy [Adopted 6-11- 2002 by Res. No. 543-2002] 577-16. Policy established. The County of Suffolk hereby establishes a formal child sexual abuse reporting policy as follows: Each County Department that has a contract or agreement with any individual, partnership, corporation, joint venture, business organization, or other entity which receives payments from the County of Suffolk, either directly or as a conduit for payment from another level of government, shall notify such individual, partnership, corporation, joint venture, business organization, or other entity that Suffolk County requires full compliance with the reporting and disclosure provisions of Subsection C of this section, as a condition precedent to receipt of such payment and continuing receipt of such payment, in those instances in which an allegation has been made of sexual abuse of a minor by any employee or member of such contract vendor, including any member of the clergy, involving any of the following sex offenses: (1)Rape in the third degree, § 130.25 (less than 17 years old) of the New York Penal Law; (2)Rape in the second degree, § 130.30 (less than 14 years old)of the New York Penal Law; (3)Rape in the first degree, § 130.35 (less than 11 years old) of the New York Penal Law; (4)Sodomy in the third degree, § 130.40 (less than 17 years old) of the New York Penal Law; (5)Sodomy in the second degree, § 130.45 (less than 14 years old) of the New York Penal Law; (6)Sodomy in the first degree, § 130.50 (less than 11 years old) of the New York Penal Law; (7)Sexual abuse in the third degree, § 130.55 (less than 17 years old) of the New York Penal Law; (8)Sexual abuse in the second degree, § 130.60 (less than 14 years old) of the New York Penal Law; (9)Sexual abuse in the first degree, § 130.65 (less than 11 years old) of the New York Penal Law; (10)Aggravated sexual abuse in the third degree, § 130.66 (less than 11 years old) of the New York Penal Law; (Il)Aggravated sexual abuse in the second degree, § 130.67 (less than 11 years old) of the New York Penal Law; (12)Aggravated sexual abuse in the first degree, § 130.70 (less than 11 years old) of the New York Penal Law; (13)Course of sexual conduct against a child in the first degree, § 130.75 (less than 11 years old) of the New York Penal Law; and (14)Course of sexual conduct against a child in the second degree, § 130.80 (less than 11 years old) of the New York Penal Law; (15)Sexual misconduct, § 130.20 (sexual intercourse without consent) of the New York Penal Law; (16)Forcible touching, § 130.52 (sexual or intimate parts) of the New York Penal Law; (17)Persistent sexual abuse, § 130.53 (two or more convictions within the past 10 years for less than 17 years old or 14 years old) of the New York Penal Law; (18)Aggravated sexual abuse in the fourth degree, § 130.65a (less than 17 years old) of the New York Penal Law; (19)Female genital mutilation, Section 130.85 (less than 18 years old, nonmedical procedure) of the New York Penal Law; (20)Facilitating a sex offense with a controlled substance, § 130.90 (without consent to commit a felony) of the New York Penal Law. B. Definitions. For the purposes of this article, the following terms shall have the meanings indicated: CLERGY -- A duly authorized bishop, pastor, rector, priest, rabbi, minister, imam, nun, or a person having authority from, or in accordance with, the rules and regulations of the governing ecclesiastical body of the denomination or order, if any, to which the church belongs, or otherwise from the church, synagogue, or mosque to preside over and direct the spiritual affairs of the church, synagogue, or mosque, as the case may be. MINOR -- Anyone under the age of 18 years of age; C. Ail supervisory, administrative, or management employees of any individual, partnership, corporation, joint venture, business organization, or other entity receiving payment from the County of Suffolk, either directly or as a conduit for payment from another level of government, under agreement or contract with the County of Suffolk, shall report or cause a report to be made to 911 or the pertinent village, town, or county Police Department when he/she, or it has reasonable cause to suspect that a minor coming before them is or has been the victim of sexual abuse, or when another person or clergy person comes before them and states from personal knowledge facts, conditions, or circumstances which, if correct, would render the minor a victim of sexual abuse under any of the following sex offenses, said reporting to occur within 24 hours after forming the reasonable cause or first learning of the allegations: [Amended 8-28-2002 by Res. No. 819-2002] (1)Rape in the third degree, Penal Law; (2)Rape in the second degree, Penal Law; (3)Rape in the first degree, Penal Law; (4)Sodomy in the third degree, § 130.40 (less than 17 years old) of the New York Penal Law; (5)Sodomy in the second degree, § 130.45 (less than 14 years old) of the New York Penal Law; (6)Sodomy in the first degree, § 130.50 (less than 11 years old) of the New § 130.25 (less than 17 years old) of the New York § 130.30 (less than 14 years old) of the New York § 130.35 (less than 11 years old) of the New York § 130.55 (less than 17 years old) of the 130.60 (less than 14 years old) of the § 130.65 (less than 11 years old) of the the third degree, Law; the second degree, Law; the first degree, 130.66 (less than 11 years 130.67 (less than 11 years 130.70 (less than 11 years old) of the New York Penal Law; (13)Course of sexual conduct against a child in the first degree, § 130.75 (less than 11 years old) of the New York Penal Law; and (14)Course of sexual conduct against a child in the second degree, § 130.80 (less than 11 years old) of the New York Penal Law; (15)Sexual misconduct, § 130.20 (sexual intercourse without consent) of the New York Penal Law; (16)Forcible touching, § 130.52 (sexual or intimate parts) of the New York Penal Law; (17)Persistent sexual abuse, § 130.53 (two or more convictions within the past 10 years for less than 17 years old or 14 years old) of the New York Penal Law; (18)Aggravated sexual abuse in the fourth degree, § 130.65a (less than 17 years old) of the New York Penal Law; (19)Female genital mutilation, § 130.85 (less than 18 years old non-medical procedure) of the New York Penal Law; (20)Facilitating a sex offense with a controlled substance, § 130.90 (without consent to commit a felony) of the New York Penal Law; York Penal Law; (7)Sexual abuse in the third degree, New York Penal Law; (8)Sexual abuse in the second degree, New York Penal Law; (9)Sexual abuse in the first degree, New York Penal Law; (10)Aggravated sexual abuse in old) of the New York Penal (Il)Aggravated sexual abuse in old) of the New York Penal (12)Aggravated sexual abuse in Whenever a clergy person is required to report under this article, in his or her capacity as a member of the clergy, he or she shall immediately notify the person in charge of such church, synagogue, or mosque, or his or her designated agent, who shall then also become responsible to report or cause reports to be made to 911 or the pertinent village, town, or county Police Department when he or she has reasonable cause to suspect that a minor coming before them is or has been the victim of sexual abuse, or when another clergy person comes before them and states from personal knowledge facts, conditions, or circumstances which, if correct, would render the minor a victim of sexual abuse. [Amended 8-28-2002 by Res. No. 819-2002] E. No information derived from a confession or confidential communication to a clergyman shall be disclosed pursuant to the requirements of this article if the confession or confidence is made to the clergyman in his or her professional capacity as a spiritual advisor, unless the person so confessing or confiding waives this privilege. F. Ail contract vendors covered by this article shall inform all of their employees in writing as to the disclosure requirements of this article and shall also inform them that each of them must report any allegations of child abuse covered in paragraph (A) of the 1st RESOLVED clause of this article to supervisory, management, or designated administrative personnel of the employer. § 577-17. Failure to comply; penalties for offenses. Failure to comply with the terms and conditions of this article shall result in the following: First violation: the contract vendor shall be issued a warning and all supervisory, administrative, and management employees of such contract vendor shall be required to attend a child sexual abuse prevention/education workshop provided by a contract agency approved by the County of Suffolk via duly enacted resolution, which workshop shall include specific skills for adults to help prevent childhood sexual abuse; skills that adults can teach children to help protect themselves from childhood sexual abuse; skills for detecting the signs of childhood sexual abuse; and how to report allegations of childhood sexual abuse. The cost of this training shall be paid for by the contract vendor. In addition, the contract vendor shall submit a corrective plan of action to the Suffolk County Office of Labor Relations. B. Second violation within a three-year period subsequent to a first violation: the contract vendor shall be subject to a fine of 10% percent of the contracts that the pertinent violating individual supervisor, manager, or administrator oversees, not to exceed $50,000. In addition, the contract vendor shall be put on probation for three years. An annual review shall be conducted by the Suffolk County Department of Audit and Control. C. Third violation within a three-year period subsequent to a first violation: the termination of the agreements with such individual, partnership, corporation, joint venture, business organization, or other entity overseen by the pertinent violating individual supervisor, manager, or administrator and the withholding of all payments to said individual, partnership, corporation, joint venture, business organization, or other entity for such agreements regardless of whether such payments are for past or future goods or services. The contract vendor shall not be eligible for funding from the County for three years from the date of such termination. § 577-18. Authority to issue rules and regulations. The Suffolk County Department of Law is hereby authorized, empowered, and directed to issue and promulgate such rules and regulations as shall be deemed necessary and appropriate to implement the provisions of this article. III Gratuities §386-1 GIFTS TO PARTY OFFICIALS §386-1 CHAPTER 386 POLITICAL PARTIES, GIFTS TO OFFICIALS OF § 366-1. § 386-2. § 386-3. § 3864. § 386-5. Definitions. Prohibited acts. Clause required in all contracts. Penalties for offenses. Excepted contributions. [HISTORY: Adopted by the Suffolk County Legislature 12-9-80 as L.L. No. 32-1980. Amendments noted where applicable.] §386-1. Definitions. As used in this chapter, the following terms shall have meanings indicated: AGREEMENT -Any written or oral contract or any implied contract, including but not limited to a contract for the sale of goods or services, a construction contract or a lease or contract relating to real or personal property. The term "agreement" shall also include any transaction whereby a person agrees to sell goods or services, or both, to the county pursuant to a successful bid. GRATUITY -Any money, benefit, entertainment, gift or any other consideration whatsoever. OFFICIAL OF A POLITICAL PARTY -A party officer as defined by §1-104, Subdivision 5, of the Election Law. PERSON -Any individual, partnership, firm, corporation or other legal entity, as well as their employees, agents or representatives. POLITICAL PARTY -A party as defined by § 1-104, Subdivision 3, of the Election Law. § 386-2. Prohibited acts. A. It shall be a crime for any person to offer or give any gratuity to an official of any political party with the purpose of intent of securing or obtaining an agreement with the County of Suffolk or securing favorable treatment with respect to the awarding or amending of such agreement or the making of any determination with respect to the performance of an agreement. Page 1 of 2 B. It shall be a crime for an official of a political party to solicit, receive or accept a gratuity in connection with securing or obtaining an agreement with the County of Suffolk or securing favorable treatment with respect to the awarding or amending of such agreement or the making of a determination with respect to the performance of such agreement. § 386-3. Clause required in all contracts. In all agreements with the County of Suffolk made after the effective date of this chapter, there shall be written representation by the person entering the agreement with the county that he has not offered or given any gratuity to any official, employee or agent of Suffolk County or New York State or 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 such person has read and is familiar with the provisions of this chapter. § 386-4. Penalties for offenses. Criminal. A violation of §386-2 of this chapter shall be a Class A misdemeanor and shall be punishable by a sentence of not more than one (1)year in prison or a fine of not more than one thousand dollars ($1,000) or by both such fine and imprisonment. Civil remedies. A violation of § 386-2 or 386-3 of this chapter shall give the county the option, among other civil remedies, of either terminating the agreement or deducting the value of the gratuity from any amount due or to become due from the county thereunder. §386-5. Excepted contributions. This chapter shall not apply to contributions to political parties, committees or candidates as defined by § 14-100, Subdivision 9, of the Election Law. Such contributions shall be excluded from and shall not be in violation of this chapter. Page 2 of 2 IV Contractor's/Vendor's Public Disclosure Statement Documents SUFFOLK COUNTY ADMINISTRATIVE CODE SECTION A5-7 § A5-7. Contractors and vendors required to submit full disclosure statement. [Derived from L.Lo No. 14-1976, as amended 2-27-1979 by L.L. No. 6-1979] A. Definitions. As used in this section, the following terms shall have the meanings indicated: CONTRACT - Any written agreement between Suffolk County and a contractor or vendor to do or perform any kind of labor, service, pumhase, construction or public work, unless the contract is for a federally or state- aided, in whole or in part, program required to be bid pursuant to § 103 of the New York General Municipal Law. [Amended 6-29-1993 by L.L. No. 28-'1993~] NOTE: L.L. No. 28-1993 also provided as follows: Section 1. Legislative Intent. This Legislature hereby finds and determines that Suffolk County's comprehensive Contractor/Vendor Public Disclosure Statement Law currently applies to a broad array of contracts that exceed one thousand dollars ($1,000.) in value, subject to exemptions for contractors doing business with the County Department of Social Services; hospitals; educational, medical, and governmental entities; and not-for-profit corporations. This Legislature further finds and determines that these exemptions prevent full disclosure of important information that may be useful to elected county officials in determining whether or not specific types of contracts are in the public interest, especially in light of recent trends towards privatization and use of outside consultants on an increased basis by municipalities. Therefore, the purpose of this law is to eliminate many of the exemptions from completing and filing verified public disclosure statements with the County Comptroller available to certain contractors providing social services or health services contracts. CONTRACTOR or VENDOR [Amended 12-18-t990 by L.L. No. 41- 19902; 6-29-1993 by L.L. No. 28-19933] - Any proprietorship, partnership or closely held corporation which has a contract with Suffolk County in excess of one thousand dollars ($1,000.) or which has three (3) or more contracts with Suffolk County, any three (3) of which, when combined, exceed one thousand dollars ($1,000.), except: (1) Hospitals. (2) Educational or governmental entities. '~ Editor's Note: This local law was adopted by the legislature after disapproval by the Executive on 5-26-1993. 2 Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive on 12-13-1990. See the note at § A4-12. 3 Editor's Note: This local law was adopted by the Legislature after disapproval by the Executive on 5-26-1993. See note above. Page 1 of 3 (3) Not-for-profit corporations. (4) Contracts providing for foster care, family day-care providers or child protective consulting services. FULL DISCLOSURE CLAUSE - A proviso to be included as a material part of a contract imposing upon the contractor or vendor a material, contractual and statutory duty to file a verified public disclosure statement. VERIFIED PUBLIC DISCLOSURE STATEMENT - A declaration, the contents of which are acknowledged before a notary public, containing information required under this section. B. A full disclosure clause is to be included in all future contracts between Suffolk County and a contractor or vendor. Such full disclosure clause shall constitute a material part of the contract. C. Notice of the full disclosure clause shall be included and made a part of the specifications, if any, which are submitted to interested potential bidders. D. Each contractor or vendor shall file a verified public disclosure statement with the Comptroller of Suffolk County as soon as practicable prior to being awarded the contract. An updated disclosure statement shall be filed by the contractor or vendor with the Comptroller by the 31st day of January in each year of the contract's duration. It shall be the duty of the Comptroller to accept and file such statements. E. No contract shall be awarded to any contractor or vendor, as defined in this section, unless prior to such award a verified public disclosure statement is filed with the Comptroller as provided in this section. Any verified public disclosure statement containing fraudulent information shall constitute, for all purposes, a failure to file such statement in the first instance. F. The verified public disclosure statement required by this section shall include: (1) A complete list of the names and addresses of those individual shareholders holding more than five-percent interest in the firm. (2) The table of organization for the company shall include the names and addresses of all individuals serving on the board of directors or comparable body, the names and addresses of all partners and the names and addresses of all corporate officers. The contractor or vendor shall conspicuously identify any such person in this table of organization who is an officer or an employee of Suffolk County. Page 2 of 3 (3) A complete financial statement listing all assets and liabilities as well as a profit-and-loss statement, certified by a certified public accountant. Such statement shall be the most current available and in no event shall have been prepared more than six (6) months prior to the date of the filing of the bid. No financial statement or profit-and-loss statement shall be required from any contractor or vendor having fifty percent (50%) or more of their gross revenues from sources other than the County of Suffolk. G. A separate folio for each company shall be maintained alphabetically for public inspection by the Comptroller. H. Remedies. The failure to file a verified public disclosure statement as required under this section shall constitute a material breach of contract. Suffolk County may resort, use or employ any remedies contained in Article 2 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. Under no circumstances shall the county be precluded from invoking any remedy contained in the preceding section by reason of its failure to invoke promptly its remedies. Page 3 of 3 Suffolk County Form SCEX 22 Contractor's/Vendor's Public Disclosure Statement Pursuant to Section A5-7 of the Suffolk County Administrative Code, this Public Disclosure Statement must be completed by all contractors/vendors that have a contract with Suffolk County. In the event contractor/vendor is exempt from completing paragraphs numbered 1 through 11 below, so indicate at paragraph number 12 below setting forth the reason for such exemption. Notwithstanding such exempt status, you must execute this form below before a notary public. Contractor'sNendor's Name Address Town of $outhold City and State Contracting Department's Name Address .Zip Code 5.b Payee Identification or Social Security No. Type of Business_._Corporation__Partnership__Sole Proprietorship__Other Is contractor/vendor entering into or has contractor/vendor entered into a contract with Suffolk County in excess of $1,0007 Yes No. Has contractor/vendor entered into three or more contracts, including the one for which you are now completing this form, with Suffolk County, any three of which, when combined, exceed $1,0007 Yes No. 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 percent (5%) interest in the contractor/vendor. Conspicuously identify any shareholder who is also an officer or an employee of Suffolk County. (Attach additional sheet if necessary). 10, Does contractor/vendor derive 50% or more of its total revenues from its contractual or vendor relationship with Suffolk County? ..Yes No. If you answered yes to 8 above, you must submit with this disclosure statement, a complete financial statement listing all assets and liabilities as well as a profit and loss statement. These statements must be certified by a Certified Public Accountant. (Stdke this out if not applicable.) The undersigned shall include this Contractor's/Vendor's Public Disclosure Statement with the contract. (Describe general nature of the contract.). Page 1 of 2 Public Disclosure Form 11. 12. X Remedies. The failure to file a verified public disclosure statement as required under local law shall constitute a material breach of contract. Suffolk County may resofl, 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. If you are one of the entities listed below at a) through c) or you qualify under d) below, you are exempt from completing paragraphs numbered 1 through 11 herein: a) Hospital __ b) Educational or governmental entities c) Not-for-profit corporations d) Contracts providing for foster care, family day-cam providers or child protective services Please check to the left side of the appropriate exemption. 13. Dated: 2/25/2005 Printed Name of Signer: Title of Signer: Name of Contractor/Vendor: Verification. This section must be signed by an officer or principal of the contractor/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, true. /, _ _./f Signed:/,,~,.'~./~/~ -- /oshua 'Y.'~Hor~on, ' ,. ~,Superyisor · Town of Southold UNIFORM CERTIFICATE OF ACKNOWLEDGMENT (Within New York State) STATE OF NEW YORK) COUNTY OF ) ss.: On the q?D'- day of,,~.g~/2.e~_/zz~ in the year..~ before me, the undersigned, personally appeared Joshua Y. Horton persona~ly known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les) and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. UNDA J COOPER NOTARY PUBLIC. State of Ne .v Yore ~ ,~,~' ,~.~%~_~.. ~,~ NO. 01CO4822563. Suffolk C odn~V (signature an'd-'~ ffl~:e ofi~flividual ta]dng acknowled=wnent) Term Expires December 31 Page 2 of 2 Public Disclosure Form Contractor'~/Vend~m Public Disclosure Slatement Form (Rev. 3/30/04) SCEX 22 ' lfitroRes EXHIBIT B Page 1 of 2 Intro. Res. No. 1573-2004 6/8/2004 Introduced by Legislator Caracciolo Laid on Table RESOLUTION NO. 723 -2004, AUTHORIZING THE SUFFOLK COUNTY DEPARTMENT OF PARKS, RECREATION AND CONSERVATION TO ENTER ~NTO A STEWARDSHTP AGREEMENT WITH THE TOWN OF SOUTHOLD FOR THE LAUREL LAKE PRESERVATION AREA WHEREAS, the Town of Southold has expressed a willingness to assume the stewardship responsibilities for parcels owned by the County of Suffolk and by the Suffolk County Water Authority around Laurel Lake for the purpose of designing, creating and maintaining a trail system linking all of the preserved parcels; and WHEREAS, the Town of Southold has received funding from the New York State Office of Parks, Recreation and Historic Preservation to further this proposal; and WHEREAS, the project area has been recognized in the New York State Open Space Conservation Plan, the Long island Pine Barrens Maritime Reserve, the Special Groundwater Protection/Recharge Area, the Suffolk County Drinking Water Protection Plan, the Southold Watershed Protection Plan, the Peconic Bay Maritime Reserve Area, and the Southold Town Community Preservation Plan; and WHEREAS, the Laurel Lake Preserve has numerous and diverse ecological areas ranging from open grassed lands, an old overgrown orchid and vineyard, areas in the first stage of successional growth, mature woodlands, fresh water wetlands, and Laurel Lake; and WHEREAS, the Stewardship Agreement would provide an overall management plan linking all of the preserved parcels and Laurel Lake into a passive recreation preserve; and WHEREAS, an eventual goal of the Stewardship Agreement would be to provide the public with parking and a small restroom facility to support the use of the property as hiking trails; now, therefore be it :l. st RESOLVED, that the Suffolk County Department of Parks, Recreation and Conservation is hereby authorized, empowered, and directed pursuant to Section 28-4(D) of the SUFFOLK COUNTY CHARTER to execute an agreement with the Town of Southold providing for a Stewardship Program for County-owned parcels surrounding Laurel Lake consistent with the intent of this resolution; and be it further 2nd RESOLVED, that this Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby finds and determines that this resolution constitutes a Type H action pursuant to Section 6].7.5(c)(20), (21) and (27) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection, and the Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this resolution. http://www/legis/resos2004/i1573-04.htm 2/23/2005 [ntro Res Page 2 of 2 DATED: June 28, 2004 APPROVED BY: /s/ Steve Levy County Executive of Suffolk County Date: 3uly 6, 2004 http://www/le~is/resos2004/i 1573-04.htm 2/23/2005 EXHIBIT B STEWARDSHIP PROPOSAL FOR THE LA UREL LAKE PRESER VA TION & TI qlL PLAN The Town of Soutbold's goal is to li~k all of the presen'ed land around Laurel Lake with a trail system and act as a Park Ste.`vards to preserve and improve the natural resources of tile properties in the "Laurel Lake Preserve". The Town of $outbold will work with Suffolk County to develop appropriate programs and projects intended to presen'e and improve the natural resources of Suffolk County and lhe To.`vn of Southold. Tile Laurel Lake Preserve Parklands will be open to tbe public and .`'`'ill not be restricled. The Tov.'n of Southold ,,','ill relnove old dilapidated buildings, cars and debris from the preserve; develop, clean and maintain hiking trails; develop a monitoring plan to reduce vandalism; restrict and monitor ATV and motor vehicle access; create and maintain open grassland areas; develop educational programs for students and community groups. The Town of Southold will develop a trail map and brochure highligl)ting the natural features (Laurel Lake, grasslands, sN-ublands, wetlands and forest habitat) found on the Laurel Lake Preserve. The Town of Southold '`'`'ill develop and maintain a list of the "Birds of the Laurel Lake Preserve". This list will be available at the kiosks at the trailheads and on the Town of Southold web site. The Tow'n of Southold will work with employees, agents and subcontractors that haxe tile required education, knoxvledge, experience and character necessary to qualify them individually for the particular duties they perform. The To'`vn of Soutbold will, prior to commencement any work hereunder, submit plans and'or drawings detailing all improvements for the Suffolk County Parks Commissioner's approval. All trails will be designed, constructed and maintained according to the standards of the USDA Forest Sen'ice specifications. The hiking trails will be unpaved and cleared and n]aintained in a manor sensitive Io tile elwironmental resources. The Town of Southold will construct two (2) small parking areas, with covered kiosks, on lown of Soutbold property,, to display, a map of the Laurel Lake Preserve and its trail system. All work performed to the Town of Soutbold shall avoid damage to or destruction of natural, historic or cultural features, including, but not limited to, rare plants, habitats, trees, shrubs and other vegetation, to the extent possible. The Town of Southold agrees to comply with and adhere to the Organic Maintenance Plan (Resolution No. 868-1997).