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HomeMy WebLinkAboutBuffer Zone Protection ProgramELIZABETH NEVILLE TOWN CLERK REGISTtLad?. OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Toxx~n Hall. 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: ( 631 ) 765 - 1800 southoldto~wt.northtbrk.net RESOLUTION g 2005-555 Resolution ID: 1131 Meeting: 09/13/05 04:30 PM Department: Town Clerk Category: Grants THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-555 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 13, 2005: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute a contract with New York State Office of Homeland Security in connection with a $50,000.00 Buffer Zone Protection Program (BXPP) Grant for Fiscal Year 2005, all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk James W. McMahon NEW YORK STATE OFFICE OF HOMELAND SECURITY Hardman State oft'ice Campus t 220 Washington Avenue Building 7A, 7th Floor Albany, NY 12226 August 31, 2005 Mr. Joshua Horton Supervisor Town of Southold 53095 Main Rd. Southold, NY 11971 Dear Mr. Horton: I am pleased to announce that the Town of Southold has been axvarded a $50,000.00 Buffer Zone Protection Program (BZPP) Grant for Fiscal Year 2005. This Grant is designed to reduce vulnerabilities of Critical Infrastructure/Key Resources sites by extending the protected area around a site into the surrounding community and supporting the prevention and preparedness efforts of local first responders. We feel that this program is key to the State's law enforcement community's efforts to prevent a terrorist attack from occurring. Enclosed is a contract, along with five additional cover pages, for the proposed program between the Office of Homeland Security (OHS) and the Town of Southold. If the award is accepted, please sign and notarize the cover pages. The complete package, including all six (6) cover pages originally signed and notarized, must be returned to us no later than September 14, 2005. You are obligated to account for the expenditure of these funds in a timely mmmer and on the prescribed forms. Expenditures must be made in accordance with the guidelines of the BZPP and as stated in the Vulnerability Reduction Pumhase Plan (VRPP) which has been approved by the Department of Homeland Security and budgeted for in the contract budget. Please note that the contract expires on March 31~ 2006. All expenditures must be made no later than that date. I would like to thank all of those first responders who have put an effort fbrth to accomplish the completion of this program in such a timely manner. If you have any questions or require further assistance, Mr. John Gibb or Mr. Tom Gallagher of our WMD Task Force Office can be reached at 1-866-837-9133. Thank you for your continued cooperation. Eric. ~ I~M~MCl'X;on Director SUPER v'tSORq C~ ~ STATE AGENCY: New York State Office of Homeland Sec uriP,., 1220 Washington Avenue Albany, NY 12242 GRANTEE/CONTRACTOR: (Name & Address) Southold, Town of 53095 Rt. 25P.O. Box 1179 Southold, NY 1197 l FEDERAL TAX IDENTIFICATION NO: MUNICIPALITY NO iif an~licable): 470379000 00I STATUS: Contractor is not a sectarian entity. Contractor is not a not-for-profit organization NYS COMPTROLLER'S NUMBER: (Contract Number) ORIGINAtiNG AGENCY CODE: TYPE OF PROGILad~I(S }: Buffer Zone Protection Program, CFDA#97.07g DCJS NUMBER(S): WM05150956 INITL*L CONTRACT PERIOD: FROM: 04/01/2005 TO: 03/3112006 ('150056 01400 FUNDING AMO[fNT FOR INITIAL PERIOD: $ 50,000.00 MULTI-YEAR TERM (if applicable}. FROM: YO: CHARITIES REGISTRATION NO: filed with the Attorney General's Charities Bureau all required periodic or annual wfi~en If 'Exempt' is entered above, reason for exemptlon:__ APPENDICES ATTACHED AND PART OF THIS AGREEMENI X APPENDIX A Standard Clauses required by the Attorney General for all State con~'acts X APPENDIX A-I Agency-Specific Clauses X APPENDIX B Budget X APPENDIX C Pa3~nent and Reporting Schedule X APPENDIX D ProgramWorkplan APPENDIX X Modification of Agreement Form (to accompany modified appendicies for changes in temps or considerations on an existing period or l'or renewal periods OHS-55 Budget Amendment/Grant Extension Request X Other -- Certification Regarding Debarmenh Suspension, Ineligibility and Voluntary Exclusion IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates indicated below. NYS OFFICE OF HOMELAND SECURITY By: Daw: John R. Gibb, Executive Director, WMD Iask Force State Agenc Certification: "In addition to the acceptance of this contract. I also certify that original copies of this signature page will be attached to 7 all other exact co0ies of this contract." / Ho'ri. Johua*~ql;rt~ ,~rown Supervisor [,~ M Coun~ of ~ On this ~ dayof~,20~beforemepersonallyca= ~0.~. ~.~ ,tome~o~i~sw~ ATTORNEY GENERAL'S SIGNATURE Title: APPROVED, ALAN G, HEVESL COMPTROLLER STATE OF NEW YORK AGREEMENT This AGREEMENT is hereby made by and between the State of New York agency (STATE) and the public or private agency (CONTRACTOR) identified on the face page hereof WITNESSETH: WHEREAS, the STATE has the authority to regulate and provide funding for the establishment and operation of program services and desires to contract with skilled parties possessing the necessary resources to provide such services; and WHEREAS, the CONTRACTOR is ready, willing and able to provide such program services and pos~e~q~e~q or can make available all neee~q~arv~ aualified. ~ne~r~nnnel, lle~n~o.~, fanilltie~, and expertise to perform or have performed the services required pursuant to the terms of this AGREEMENT; NOW THEREFORE, in consideration of the promises, responsibilities and covenants herein, the STATE and the CONTRACTOR agree as follows: I. Conditions of Agreement This AGREEMENT may consist of successive periods (PERIOD), as specified within the AGREEMENT or within a subsequent Modification Agreement(s) (Appendix X). Each additional or superseding PERIOD shall be on the forms specified by the particular State agency, and shall be incorporated into this AGREEMENT. Funding for the first PERIOD shall not exceed the funding amount specified on the face page hereo£ Funding for each subsequent PERIOD, if any shall not exceed the amount specified in the appropriate appendix for that PERIOD. C. This AGREEMENT incorporates the face pages attached and all Of the marked appendices identified on the face page hereof. For each succeeding PERIOD of this AGREEMENT, the parties shall prepare new appendices, tO the.extent that any require modification, and a Modification Agreement (the. attached Appendix X is the blank form to be used). Any terms of this AGREEMENT not modified shall remain in effect for each PERIOD of the AGREEMENT. To modify the AGREEMENT within an existing PERIOD, the parties shall revise or complete the appropriate appendix form(s) Any change in the amount of consideration to be paid, or change in the term, is subject to the approval of the Office of the State Comptroller. Any other modifications shall be processed in accordance with agency guidelines as stated in Appendix A- 1. The CONTKACTOR shall perform all services to the satisfaction of the STATE Yhe CONTIL~CTOR shall provide senqces and meet the program objectives summarized in the Program Workplan (Appendix D) in accordance with: provisions of tlie AGREEIVIENT; relevant laws, roles mid regulations, administrative and fiscal guidelines, and where applicable, operating certificates for facilities or licenses for an actMtv or program. If the CONTRACTOR enters into subcontracts for the performance of work pursuant to this AGREEMENT, the CONTRACTOR shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the STATE under this AGREEMENT. No contractual relationship shall be deemed to exist between the subcontractor and the STATE. G. Appendix A (Standard Clauses as required by the Attorney General for all State contracts) takes precedence over all other parts of the AGREEMENT. II. Payment and Reporting The CONTRACTOR, to be eligible for payment, shall submit to the STATE's designated payment office (identified in Appendix C) any appropriate documentation as required by the Payment and Reporting Schedule (Appendix C) and by agency fiscal guidelines, in a manner acceptable to the STATE. The STATE shall make payments and any reconc'diations in accordance with the Payment and Reportin~g Schedule (Appendix C). The STATE shall pay the CONTRACTOR, in consideration of contract services for a given PERIOD, a sum not to exceed the amount noted on the face page hereof or in the respective Appendix designating the payment amount for that given PERIOD. This sum shall not duplicate reimbursement from other sources for CONTRACTOR costs and services provided pursuant to this AGREEMENT. C. The CONTRACTOR shall meet the audit requirements specified by the STATE. III. Terminations A. This AGREEMENT may be terminated at any time upon mutual written consent of the STATE and the CONTRACTOR. The STATE may terminate the AGREEMENT immediately, upon written notice of termination to the CONTRACTOR, if the CONTRACTOR fails to comply with the terms and conditions of this AGREEMENT and/or with any laws, rules, regulations, policies or procedures affecting this AGREEMENT. C. The STATE may also terminate this AGREEMENT for any reason in accordance with provisions set tbrth in Appendix A-1. 2 Written notice of termination, where required, shall be sent by personal messenger service or by certified mail, return receipt requested. The termination shall be effective in accordance with the terms of the notice. Upon receipt of notice of termination, the CONTRACTOR agrees to cancel, prior to the effective date of any prospective termination, as many outstanding obligations as possible, and agrees not to incur any new obligations after receipt of the notice without approval by the STATE. The STATE shall be responsible for payment on claima pursuant to services provided and costs incurred pursuant to terms of the AGREEMENT. In no event shall the STATE be liable for expenses and obligations arising from the program(s) in this AGREEMENT al~er the termination date. IV. Indemnification The CONTRACTOR shall be solely responsibl~ and angwerable in damages for any and all accidents and/or injuries to persons (including.death) or property arising out of or related to .the services to be rendered by the CONTRACTOR or its subcontractors pursuant to this AGREEMENT. The CONTRACTOR shall indemnify and hold harmless the STATE and its officers and employees from claims, suks, actions, damages and costs of every nature arising out of the provision of services pursuant to this AGREEMENT. The CONTRACTOR is an independent contractor and may neither hold itself out nor claim to be an officer, employee or subdivision of the STATE nor make any claim, demand or application to or for any right based upon any different status. V. Property Any equipment, furniture, supplies or other property purchased pursuant to this AGREEMENT is deemed to be the property of the STATE except as may otherwise be governed by Federal or State laws, roles or regulations, or a stated in Appendix A-l. VI Safeguards for services and Confidentiality Services performed pursuant to this AGREEMENT are secular in nature and shall be performed in a manner that does not discriminate on the basis of religi0us belief, or promote or discourage adherence .to religion in general or particular religious beliefs. Funds provided pursuant to this AGREEMENT shall not be used for any partisan political activity, or for activities that may influence legislation or the election or defeat of any candidate for public office. Information relating to individuals who may receive services pursuant to this AGREEI~ENT shall be maintained and used only for the purposes intended under the contract an in conformity with applicable provisions of the laws and regulations, or specified in Appendix A- 1. 3 STANDARD CLAUSES FOR NYS CONTRACTS The parties to the aRaohed contract, license, lease, amendment or other agreemcot of any kind (hereinatler, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the con~aet (the word "Contrsctor" herein refers to any party other than the State, whether a contractor, licenser. [iccosee, lessor, lessee or an?,, ethel part55. APPENDIX A citizen who is qualified and avadable ~,, perform the work. ,,r (b) discmnmate against or intimidate an), emplo),'ee hired ~br the performance of ;vork under tlas contract Contractor is subject to fines of $50.00 per person per da),' for am ,,mlatmn of Section 220-e or Section 239 as well :~s possible termmatton o[ this contract and forfeiture of all moneys due hereunder tora >econd ,~ ,ul,sequcnt ~oistion. 1. EXECUTORY CLAUSE. In accordance wtth Section 41 of thc State Finance La,v, the Stall shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract. 2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the S~ate Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, cohveyed, sublet or otherwise disposed of without the previous consent, in writing, of the State and any attempts to a~aign the contra~t without the State's wrillco consent are null and void. Tbe Contractor may, however, assign its fight to receive payment without the State's prior written consent unless thi~ contract conecra~ Certificates of P~icipafion pursuant to Article 5-A of the State F'mance Litw. 3. COMPTROLLER'S APPROVAL. In accordance w'Cth Section 112 of the State Finance Law (or, ffthis contract is with the State University or City lJdiveralty of New Yolk, Section 355 or Section 6218 of the Education Lax,,'), if this contract exceeds $15,000 (or the nainimnm thresholds agreed to by the Office of the Stall Comptroller for certain S.U.N.Y. and C.U.N.Y. contracts), or if tMs is an smendmcot for any mount to a contract winck, a~ su amended, exceeds said statutory amount, or ~f, by this contract, the State agrees to give something othec than money, when the value or reasonably eetituated value of such consideration ~xeeeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by the State Comptroller and filed In his office. Compttollels approval of contracts let by the Office of Oeneral Services is required when such contracts exceed $30,000 (State Finance Las'v Section 163.6.a). 4. WORKERS' COMPENSATION ~iY~NEFITS. In accordance with Section 142 of the State Finan. ce Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintefil coverage during the life of this cofRraot for the benefit of snah employees as ate required to be covered by the provisiolrs of the Workers' Compensation Law. ~. NONq)ISCR.IM]~ATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (al~o known as tho Human Rights Law) and all other State and Federal statutory and constitutional nowdiscriminafion pro',faions, the Contrector will not discriminate agahtet any employee or applicant for employment bccanse of race, creed, color, sex, national origin, sexual orientation, age, disability, · genetic predisposition or cartier status, or marital status. Fm'thermofe, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, eqoipmant or supplies, and to the extent that this contract shall be performed within the State of New York. Contractor agrees that neither it nor its subcontractors sbML by reason of race, creed, color, disabili[y, sex, or national origin· (a) dmcriminate tn hiring against any New York State citizen who t~ qualified and available to perform the ~ork; or (b) discriminate against or ifi. timidall an),' employee hired for the performance of work under this contract· If this is a building service contract as defined ill Section 230 oftbe Labor Lax',. then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall b), reason of race, creed, color, national origin, age, sex or thsabtbb.- (a) d~scrimmate in hiring against all5' Next,' York State Page I 6. WAGE AND HOURS PROVISIONS. if thts is a pubhc ~xork contract covered by ?~tiele 8 of the Labor La~ ur a braiding service contract covered by A~iele 9 thereof, neither Contractor's employees nor the employees of its $ubcontiaotors may be required or permitted to work more than the number of hours or days stat~l in said statutes, exo~pt aa othorw~¢ provided in tho Labor Law and as set forth in prevailing wage and supplement schedules issued by thc 8tale Labor Department Furthermore, Conlraetor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the Slate Labor Department in accordance with the Labor 7. NON-COLLI/$IV~ BIDDii~G C~RTIgICATION. In ~oM~ ~ ~fion 1394 of ~e ~ Fi~ ~w, if ~ con~t was a~ b~ed u~n ~ ~b~on of bids, Con~r ~s, under ~cng~ of ~, ~at i~ bid w~ ~v~ at indc~ndenfly ~d wi~out ~flusion ~ed at ~cfing ~mp~tion. Con~r f~er ~a~ at ~e time Con,actor submittal its bid, an a~ho~ed and res~iblo ~r~n ~ecu~d ~d delivc~ ~ the ~te a non<ollusive bidd~ ~eafion on Con~/, g. INTE, RNATIONAD BOYCOTT PROHIIi!TION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Fimmce Law, if this contra, et exceeds $5,000, the Contractor agrees, aa a ~ condition of the contract, that neither the Contractor nor any sub~antially owned or affiliated person, finn, partoerahip or corporation has participated, is participating, or shall participate in an intumational boyeolt in violation of the federal Export Admiuis~tion AOt of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereund*r. If such Contractor, or any of the aforesaid affiliates of Conms~r, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United State~ Commerce Dqnu'tmem or any' other appropriste agency of the United S~tea subsequent to the contra~e execution, such contract, amondm~n! or modification thereto shall be rendered foffdt mad void. The Canh-aot~ ~ so notify the State Compti'oller ~ five (5) bmliness days of such conviction, determination or disposition of append (2NYCRR 105.4). 9. SET-OIrli' RIGHTS. The State sbnll have ~ of its common law, equitable' and statutory rights of set-orE These rights shall include, but not be limitad to, the State's option to withhold for the purpo*~ of sot- off any moneys due to the Contraotor under this contract up to any anlounts due and ox~mg to th~ State with regard to this contract, any other contraot with any 8tale dap~u'lmcot or agency, including any contract for a term commencing prior to tho term of this contract, plus any amounts du~ and owing to the State for any other reason including, without limitation, tax delinquencies, fee delthquancies or monetary pcnaities relative thereto. The State shall exercise its set-off rights m accordance with normal State practices including, in cases of set-off pursuant to an audit, the fiualization of such audit by the State agency. its represantstives, or the State Comptroller 10. RECORDS. I'he Contractor shall estabhsh and maintsm complete and accurate books, records, documants, accounts and other evidence directly pertinent to per£ormance uuder this contract (hereinat~er. collectively, "the Records") The Recolds must be kept for the balance of the calendar year m xxhtch the5 were made arid tint s~x (t,) addthonal years thereatter The State Comptroller. thc Attorn¢,, Oeneral and am qeptember, 200~ .? other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to the Records during norm,al business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue ~ithin the State, for the term specified abo~re for the purposes of inspection, audi6ng and copying. The State shall take reasonable steps to protect from public dlsclosure any of the Records which are exempt from disclosure under Section 87 of the Public Of'fleets Law /the "Statute") provided that: (i) the Contractor shall timely inform au appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be suffialently identified; and (iii) designation of said racords as exempt 'under the Statute is re.enable. Nothing containad herein shall diminish, or in any way adversely affect, the State's fight m discovery in any pending or future litigation. 11. IDENTIFYING INFORMATION AND PRIVACY NOr~iCATION. (a) FEDERAL EMPLOYER IDEiN'rl]/ICATION NUMBER and/or FEDERAL SOCIAL SECURITY NUMBER. All invoices or New York State standard vouchers submiRcd for payment for thc sale of goods or services or thc lease of real or personal properly to a New York State agency must include the payee's ideulifieation number, i.e., the sellers m; lessors idenfifieafion number. The number is either the pay~'s Federal employer identification number or Faderal ~naisl security number, or both such numbers when the payee has both such numbers. Failure to include this numlm' or numbers may delay payment. ~aere the payec does not have such numbe~ or numbers, the payee, on its invoice or New York State standard voucher, must give the rcason or reaeuns why the payee does not have such number or numbers. lb) PRIVACY NOTIFICATION. (1) The authority to request the aboyc personal information from a seller of goods or services or a lessor of real or personal property, and the anthqrity to maintain suet information, is found ia Section $ of the Stat~ Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principal purpose for which the information i~ sulleoted is to enable the b~ate to idan(ffy individuals, businesses and others who have been delinquent in filing mx returns or may have undereLated their liabilities and to generally identify persons affected .by the taxes edmin~ered by the Commissioner of Taxation and Finance. The information ~fll be used for tax administration pu~oas~ and for any other purpose authorized by law. (2) The personal information is requasted by the purchasing unit of thc agency oon~efing to purohace thc goods or services or lease the reft or personal property covered by this contract or lease. The information is malulalned in New York State's Control Aecoonting System by the Director of Accounting Operations, Offioe of the State Comtftroller, 110 SLate Street, Albany, New York 12236. 12. EOUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN. In accordanc~ ~ Sextion 312 of thc Executive Law, if this contract is: (i) a wriRen agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting ngeney is eommi~ed to expend or does expend funds in re~arn for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (ii0 a written agreement in exoess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then: Page 2 (a) The Comraetor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, and Mil undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination· .~"firmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statcmant that suet employment agency, labor union or representative will not discriminate on the basis of race, creed, color, ~afionel origin, sex, age, disability or marP. ai etulna and that such union or mpreeanLafive will affirmatively cooperate in the implemenLafiun of the contractors obligations herein; and (e) the Contractor shall s~te, in' all eolieitutions or adveflisemante for employees, that, in the performenee of the SLate contract, all qualified epplisants will be afforded equal employment opportunities without discrimination bacause of race, creed, color, national origin, sex, age, dieabil~ or m/ritel stamp. Contractor will Include the provisions of "a", "b", and ~ve~y subcontract over $25,000.00 for the sons. action, demolition. replacement, major repair, renovafion, planning or design of real property and improvements thereon (the 'q~ork") except where the Work is for the banefie'~l use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State;, or (iii) benking services, inanranee policies or thc eelc of aseufitics, The State shall anmider complis~, ce by a teamster or subcontractor with the requirements of any federal law concerning equal employmeu~ opportu~ty which effectuates the purpose of ~ section. The con~a~as~ng ngenoy determine whether the imposition o( the requirements of the provisiona hereof duplicate or conflict with any such federal ~aw and if such duplicafion or conflict exist, the contracting agency shall waive the applicability of Secfioa 312 to the e'~tent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and ragulation~ of the Oovesuofs Office of Minority ~d Women's Business Development per~inin~ hereto. 13. CONlq~UriNG TERMS. In the event of a conflict between the tenm of frae contract (including any and all attuchmants therff/o and amendments thcreo0 and the terms of this Appendix A, thc terms of this Appendix A shall control. 14. GOVERNING LAW. This contsset shall be governed by the laws of thc State of New York except where the Federal supremacy clause requires otherwise. 15. LATE PAYMENT. Timelincs~ of payment and any interest to be paid to Con~aetor for late payment shall be 8ovemed by Afliele ll-A of the State Finance Law to the extent required by law. ~6. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submi~ed to binding arbitration (except where statutorily authorized), but must, instead, be heard in acour[ of competent jurisdiction of the State of New York l?. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("C?LR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractors actual receipt of process or upon the State% receipt of the relurn thereof by the United States Postal Service as refused or undeliverable Contractor must promptly notify the State, in writing, of September, 2004 each and cvc~3' change of address to which service of process can be made. Service by the State to the last kno,.,m address shall be sufficient. Contractor will have thirty (30) calendar da3. s after serhce hereunder is complete itl which to respond. 18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contracl~or certifies and x~arrants that all wood products to be used under this contra~t award ;~ill be in accordance with, but not bruited to. the specifications and provisions of State Finance Law §165. (U~e ct' Tropical Hardwoods) x;hich prohibits purchase and usc of tropical hardwoods, unless specifically exempted. by the State or any governmental agency or political ,~ubdivision or public benefit corporation. Quabficanoti Ibr an exemption under thi~ la,v will be the responsibility ct the contractor to establish to meet with the approval of the State. In additiotx, when any portion of this contract involving the use woods, whether supply or installafion, is to be performed by any subcontractor, the prime Contaactor will indicate and certify in the submittad bid proposal flutt the subcontractor has bean informad and is in complianc~ w'Rh sp~ifieatians and provisions r~g~ding us~ of tropical hardwoods aa detailad in §165 Stag Finance Laxv. Any such use must me~t -oAth the approval of the State; other~vise, the bid may not be considered responsive. Under bidder certifications, proof of qualification for exemption will be the responsibility of the Conh-aetor to meet with the approval of the State. 19. MAC'BRIDE FAIR EMPLO~ PRINCIPLES. In accordance with the MacBdd¢ Fair Employment Principles (Chapter 807 of the Law of 1992), the Contractor hereby stipulates that the Contractor either (a) h~ no business operations in Northern l~eland, or (b) shall lake lawful steps itl good I'tuth to conduct any business operations in Northern ireland ill accordaflce with the MacBride Fair Employment Principles (as described in Section 165 of the New York Slate Finance Law), and shall permit independent monitoring of compliance with such principles. 20. OMNIBUS PROCUREMENT ACT OF 1992. It is the policy of New York S/ate to ma~imi?~ opportunities for the paflicipation of York State business enteq)rises, including minority and woman-owned business enterprises as bidders, subcontractors and suppliers on its procurement coniract~. Information on the a~lability of New York State subcontractors and suppliers is available from: NYS Department of Economic Development Division for Small Business 30 South Pearl St - 7~ Floor Albany, N{.-w York 12245 Telephon~: 518-292-5220 A directory of eeffdfied minofiW and women-or, ned business sn6:q~dses is available from: NYS Department of Eoanomic Development Division of Minority mad Women's Business Development 30 South Pearl St - 2nd Floor Albany, New York 12245 http:/P~vww.cmpire.state.ny.u s The Omnibus Procurement Act of 1992 requires that b',' signing this bid proposal or contract, as apphcab[e, Contractor, ~ertffv that whenever ibc total bid atnount is greater than $1 milhoa (a) The Contractor has made reasonable eltbrt~ ti, encourage thc pa~icipation of New York State Busmes~ Enterprises aa supphers and subcontractors, including certified minohi¥ and womeu-ownad business enterprises, on this project, and has retained the documentation ct' these effor[~ to be provided upon request to the Stale. Page 3 %'ptembe~, 2004 (b) The Contractor has complied with the Federel Equal Opportunity Act of 1972 (P.L. 92-261 ), as amended; (e) The Contractor agrees to make reasonable efforts to provide notification to New York Stare residents of employment opportunities on this project through listing any such positions with the Job Sen'ice Division of*he New York State Department of Labor, or providing such notification in such manner as is consistent with existing coll~:etive bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and (d) The Contractor acknowledges notice that the State may ~eek to obtnin offset credits from fowign countries as a result of this eon~act 'and agrees to cooperate with thc State in these efforts. 21. RECIPROCITY AND ,SANCTIONS PROVISIONS. Bidders are hereby notified that W thW~ principal place of business is located in n country, nation, province, stale or polilieal subdivision that penalizes Ne~v York State vendors, and if the goods or services they offer will be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amandmen~ (Chapter 684 and Chapter 383, re~p~tively) require that they I~ denied cuntiaets which they would o',herwise ob~atin. NOTE: As of May 15, 2002, the list of discriminatory jufisdictiuns subject to this provision includes the stat~ 'of South Carolinlq Alaska, We. alt ¥[rEinia, Wyoming, Lonisialla and Hawaii. Con,act NYS Department of Economic Development for a currant list of jurisdictions subject ~.this provision. 22. PURCHASES OF APPAREL. In accordance with State Finance Law 162 (4-a), the State shall not pun:haze any apparel from any vendor unable or unx~411ing to certify that: (i) such apparel was manufactured in compliance with all applicable labor and ocoupational :ml%ty laws, including, but not limi~.cd In, cbil~l labor laws, wage and hours hwa and worlqalaee safety laws, and (ii) vendor will stipply, with its bid (or, if . not a bid situa~iun, prior to or at the lime of signing a contract with the · 'b"tate~ if known, the names and addresses of each subeonlraetor and a list of all manufamuring plants to be utilized by the bidder. Page 4 September, 2004 6'24/2005 APPENDIX A1 AGENCY-SPECIFIC CLAUSES 1. If this Agreement exceeds $15,000, it shall not take effect until it is executed by the parties hereto an0 approved by the Attorney General and the Comptroller of the State of New York. If this Agreement is for $15,000 or less, it shall not take effect until it is executed by both parties. 2. This Agreement sets fodh the entire understanding of the parties and may not be altered or amended except in writing and signed by the parties hereto. The parties agree, however, that OHS may unilaterally amend only the following sections of the Budaet Amendment/Grant Extension form~(OHS-55) to insure accuracy and completeness: identification of Federal Funds or State Funds; #1 Grantee Name, #2 County;, #3 Contract No.; #4 Implementing Agency; #5 DCJS No.; #7 ProJect Title; #9 Date of Last Approved Request; #10 Contract Duration; and A. Approved Project Budget. OHS shall initial such amendment(s) and shall provide Grantee with a copy of the corrected OHS-55 that was unilaterally amended by OHS. 3. The failure of a party to enforce a contractual obligation shall not eliminate the other party's obligation to perform such contractual obligation. 4. In the event that any provision of this Agreement is determined to be null and void, all remaining provisions shall continue to be in full force and effect. 5. The Grantee must notify OHS in writing of any change in the number, title, job duties or rate of remuneration of project staff which changes the Personal Service Project Budget line by 10 percent or under. Any change in the number, title, Job duties or rate of remuneration of project staff which changes the Project Budget line more than 10 percent must be approved in writing by OHS prior to implementation. The Grantee agrees to provide OHS with resumes and supporting documentation upon request. 6. The Grantee shall submit detailed itemization forms for personal service and fringe benefit expenditures, in a format determined by OHS, with any voucher and fiscal reports requesting payment for expenditures. 7. The Grantee must maintain specific documentation as support for project related personal service expenditures as this grant contract project is supported by Federal funds: For Federally funded grants: Depending upon the nature or extent of personal service provided under this Agreement, the Grantee shall maintain semi-annual (or more frequent) personal service certifications and/or an after-the-fact personnel activity reporting system (or equivalent) which complies with the requirements of the Federal Office of Management and Budget (OMB) Circulars A-21, A-87 or A-122, as applicable: OMB Circular A-21 [Item J, General provisions for selected items of cost] identifies documentation required for educational institutions as support for grant project personnel costs. OMB Circular A-87 [Attachment B, Selected Items of Cost] identities the documentation required for local government agencies as support for grant project personnel costs. OMB Circular ^-122 [Attachment B, Selected Items of Cost] identifies the documentation required for non-profit organizations as support for grant project personnel costs. 6/24/2005 The most current version of these Federal OMB Circulars may be viewed on-line at: www.whitehouse.qov/omb/cimulars. The Grantee is to ensure full compliance with specific personal service documentation requirements of these OMB Circulars as applicable directly to the Grant recipient and to any sub- recipient (or collaborative agency/organization). Failure to do so may result in disallowance of costs upon audit. 8. Budget amendments are governed as follows: A. The Grantee is not permitted to reallocate funds between Personal Service and Non-Personal Service budget categories without the prior written permission of OHS. A Grantee seeking to modify Non-Personal Service budget categories by mor~ than 20 percent of the total funds budgeted in a category must secure the prior written permission of OHS. A OHS- 55 setting forth the proposed amendment must be submitted to and approved by OHS before the next voucher and/or fiscal cost report will be approved. Prior approval by OHS is not required for Non-Personal Service budget changes which are less than 20 percent. A OHS-55 and a letter signed by the Chief Executive Officer or Fiscal Officer authorizing these changes must be submitted to OHS with the next voucher or fiscal cost report submission. 9. Space rental provided by this Agreement must be supported by a written lease, maintained on file and made available by the Grantee upon request. 10. The Grantee's request for travel, meals or lodging reimbursement shall be in accordance with Appendix B, Budget, and, unless prior written authorization has been received from OHS, shall not exceed rates authorized by the NYS Office of the State Comptroller. 11. The Grantee's employment of a consultant must be supported by a written agreement executed by the Grantee and the consultant. A consultant is defined as an individual or organization hired by the Grantee for the stated purpose of accomplishing a specific task relative to the funded project. A copy of the agreement must be submitted to OHS with the appropriate voucher for payment. All consultant services must be obtained in a manner that provides for fair and open competition. The Grantee shall retain copies of all solicitations seeking a consultant, written agreements and documentation justifying the cost and selection of the consultant. The Grantee further agrees that it shall assume sole and complete responsibility for fulfilling all the obligations set forth in the Agreement and the Grantee must guarantee the work of the consultant as if it were its own. The rate for a consultant should not exceed $450 for an eight-hour day (not including travel and subsistence costs). A rate exceeding $450 per eight-hour day requires prior written approval from OHS and may be approved on a case-by-case basis where adequate justification is provided and expenses are reasonable and allowable. B. In addition to the above requirements, a Grantee that is a local government or a not-for-profit must adhere to the following guidelines at a minimum when obtaining consultant services: Consultant services that cost up to $999 under this grant agreement can be obtained at the Grantee's discretion. 2. Consultant services that cost between $1,000 and $4,999 under this grant agreement, must 2 be supported by at least three telephone quotes and a record created of such quotes. Consultant services that cost between $5,000 and $9,999 under this grant agreement must be supported by at least three written quotes on a vendor's stationery and a record created of competitive procurement process utilized. A Grantee obtaining consultant services that cost in excess of $10,000 must use a competitive bidding process. Guidance may be obtained from OHS. At a minimum, the competitive bidding process must incorporate the following: open, fair advertisement of the opportunity to provide services; equal provision of information to all interested parties; reasonable deadlines; sealed bids opened at one time before a committee who will certify the process; establishment of the methodology for evaluating bids before the bids are opened; and maintenance of a record of competitive procurement process. A Grantee who proposes to obtain consultant services from a particular vendor without competitive bidding, must obtain the prior written approval of OHS. The request for approval must be in writing and set forth, at a minimum, a detailed justification for selection and basis upon which the price was determined to be reasonable. Further, such consultant services must be in accordance with the guidelines, bulletins and regulations of the NYS Office of the State Comptroller, State Procurement Council, and the U.S. Department of Justice. A copy of OHS' approval must also be submitted with the voucher for payment. Notwithstanding the provisions of this paragraph, the Parties agree that OHS= prior written approval is not required for the employment of a consultant when such employment is secured in relationship to a criminal matter as an expert witness, consultant or investigator. The Parties agree that the employment shall be supported by a written agreement and that all requests for reimbursement shall be supported by documentation identifying the criminal matter involved, services provided, time commitment and schedule. Such agreement and documentation shall be submitted to OHS with the appropriate voucher for payment. 12. All procurements, other than consultant services, shall be conducted in the following manner. Written justification and documentation for all procurements must be maintained on file and made available upon request. Detailed itemization forms for non-personal service expenditures, in a format determined by OHS, shall accompany each voucher and Fiscal Cost Report requesting payment. All procurements must be made in a fair and open manner and in accordance with the pre-determined methodology established for evaluating bids (e.g., lowest responsive bidder or best value). 1. A Grantee that is a state entity must make all procurements in accordance with State Finance Law Article 11, and any other applicable regulations. 2. A Grantee that is a local government must make procurements in accordance with General Municipal Law Article 5-A and any other applicable regulations. 3. In addition, a Grantee that is a not-for-profit must also make all procurements as noted below: If the Grantee is eligible to purchase an item or service from a government contract or is able to purchase such item or service elsewhere at a lower than or equal price, then such purchase may be made immediately. A Grantee may purchase any single piece of equipment, single service or multiples of each that cost up to $999 at its discretion. 3. Before purchasing any piece of equipment, service or multiples of each that have an 3 aggregate cost between $1,000 and $4,999, a Grantee must secure at least three telephone quotes and create a record for audit of such quotes. Before purchasing any piece of equipment, service or multiples of each that have an aggregate cost between $5,000 and $9,999, the Grantee must secure at least three written quotes on a vendor's stationery and maintain a record of the competitive procurement process for audit purposes. A Grantee spending in aggregate of $10,000 and above must use a competitive bidding process. Guidance may be obtained from OHS. At a minimum, the competitive bidding process must incorporate the following: open, fair advertisement of the opportunity to provide services; equal provision of information to all interested parties; reasonable deadlines; sealed bids opened at one time before a committee who will certify the process; establishment of the methodology for evaluating bids before the bids are opened; and maintenance of a record of competitive procurement process. A Grantee who proposes to purchase from a particular vendor without competitive bidding must obtain the prior written approval of OHS. The request for approval must be in writing and set forth, at a minimum, a detailed justification for selection and the basis upon which the price was determined to be reasonable. Further, such procurement must be in accordance with the guidelines, bulletins and regulations of the NYS Office of the State Comptroller, State Procurement Council, and the U.S. Department of Justice. A copy of OHS' approval must also be submitted with the voucher for payment. 13. Applicable equipment purchased with funds provided by this Agreement as listed in Appendix B, Budget, shall be assigned a unique inventory number. The Grantee shall list all applicable equipment purchased with such funds on Equipment Inventory Reports prescribed by OHS and submit the original of such reports to OHS/OFPA program representatives with the final program progress report or sooner. Items of equipment costing less than $500 do not need to be reported on the Equipment Inventory Reports although the Grantee is encouraged to maintain an internal inventory for audit purposes. Upon completion of all contractual requirements by the Grantee, OHS will consider a request for continued use and possession of the equipment purchased with grant funds provided the equipment continues to be used in conducting a criminal justice program. 14. Grant funds may be expended only for purposes and activities set forth in this Agreement. Accordingly, the most important single requirement of accounting for this grant is the complete and accurate documentation of grant expenditures. If the Grantee receives funding from two or more sources, all necessary steps must be taken to ensure that grant-related transactions are not commingled. This includes, but is not limited to, the establishment of unique budget codes, a separate cost center, or a separate chart of accounts. Expenditures must be cross-referenced to supporting source documents (purchase orders, contracts, real estate leases, invoices, vouchers, timesheets, mileage logs, etc.). Grantee agrees it shall maintain adequate internal controls and adhere to Generally Accepted Accounting Principles for Government or Generally Accepted Accounting Principles for Not-for-Profit Organizations. This Agreement may be subject to a fiscal audit by OHS to ascertain financial compliance with Federal and/or State laws, regulations, and guidelines applicable to this Agreement. Such audits may include review of the Grantee's accounting, financial, and reporting practices to determine compliance with the Agreement and reporting requirements; maintenance of accurate and reliable original accounting records Jn accordance with governmental accounting standards as well as generally accepted accounting principles; and specific compliance with allowable cost and expenditure documentation standards prescribed by applicable Federal, State, and OHS guidelines. 15. Where advance payments are approved by OHS, the Grantee agrees to expend the advance payments in accordance with the purposes set forth in Appendix D and consistent with Appendix B. 4 16. OHS reserves the right to suspend program funds if the Grantee is found to be in noncompliance with the provisions of this Agreement or other grant agreements between the Grantee and OHS or, if the Grantee or principals of the Grantee are under investigation by a New York State or local law enforcement agency for noncompliance with State or Federal laws or regulatory provisions or, if in OHS' judgment, the services provided by the Grantee under the Agreement are unsatisfactory or untimely. OHS shall provide the Grantee with written notice of noncompliance. Upon the Grantee's failure to correct or comply with the written notice by OHS, OHS reserves the right to terminate this Agreement, recoup funds and recover any assets purchased with the proceeds of this Agreement. OHS reserves the right to use approved grant related expenditures to offset disallowed expenditures from any grant funded through its offices upon issuance of a final audit report and appropriate notification to the Grantee, or upon reasonable assurance that the Grantee is not in compliance with Agreement terms. 17. The Grantee agrees, as a material condition of the Agreement, to comply with all applicable provisions of the Hatch Act (5 U.S.C. "1501 et seq.) as amended. 18. Program income earned by the Grantee during the funding period as a direct result of the grant award must be reported in writing to OHS, in addition to any other statutory reporting requirements. This includes income received from seized and forfeited assets and cash, as well as: sale of grant purchased property; royalties; fees for services; and registration/tuition fees. Interest earned on grant funds is not program income unless specified in Appendix D. The Grantee agrees to report the receipt and expenditures of grant program income to OHS. All income, including interest, generated by the use of these grant funds will be used to enhance the grant project. 19. if applicable, the Grantee agrees to obtain not-for-profit status, a federal identification number, and a charitable registration number (or a declaration of exemption) and to furnish OHS with this informafion as soon as it is available. 20. Unless otherwise specified, in accordance with the State Finance Law, the availability of all State funds for liabilities already incurred thereunder shall cease on September 15th of the year following the fiscal year in which the funds were appropriated, unless such funds are reappropriated by the New York State Legislature. To ensure payment, vouchers must be received by OHS by August 1--of the year following the fiscal year in which the funds were appropriated. 21. The Grantee will submit program progress reports and one final report to OHS on a prescribed form provided by OHS and additional information or amended data as required. Program progress reports will be due within 45 days of the last day of each calendar quarter or on an alternate schedule as prescribed in Appendix D. The first program progress report will be due within 45 days of the last day of the calendar quarter from the start date of the program. 5 Program progress reports thereafter will continue to be made until such time as the funds subject to this Agreement are no longer available, have been accounted for, and/or throughout the Agreement period or project duration. Calendar quarters, for the purposes of making program progress reports, shall be as follows: Q, arter ' Rep ' B. da ' ' January 1 - March 31 May 15 April 1 - June 30 August 15 July 1 - September 30 November 15 October 1 - December 31 February 15 B. The final report, or where applicable interim progress reports, will summarize the project's achievements as well as describe activities for that quarter. 22. If for any reason the State of New York or the federal government terminates its appropriation through OHS or fails to pay the full amount of the allocation for the operation of this program, this Agreement may be terminated or reduced at the discretion of OHS, provided that no such reduction or termination shall apply to allowable costs already incurred by the Grantee where funds are available to OHS for payment of such costs. Upon termination or reduction of the Agreement, all remaining funds paid to the Grantee that are not subject to allowable costs already incurred by the Grantee shall be returned to OHS. In any event, no liability shall be incurred by OHS or by the State of New York beyond monies available for the purposes of this Agreement. The Grantee acknowledges that any funds due to OHS because of disallowed expenditures after audit shall be its responsibility. 23. If Appendix B, Program Budget, makes provisions for overtime payment, the Grantee agrees to submit vouchers for such payment of overtime charges within 45 days after the last day of the quarter for the reporting period. The Grantee further agrees to limit overtime earnings to no more than 25 percent (25%) of the employee's annual personnel cost (salary plus fringe benefits) during the term of this Agreement. No reimbursements for overtime charges in excess of this 25 percent (25%) limit will be made unless prior written approval has been obtained from OHS. 24. None of the goals, objectives or tasks set forth in Appendix D shall be subawarded to another organization without specific prior written approval by OHS. Where the intention to make subawards is clearly indicated in the applicetion, OHS-- approval is deemed given, if these activities are funded as proposed. If this Agreement makes provisions for the Grantee to subgrant funds to other recipients, the Grantee agrees that all subgrantees shall be held accountable by the Grantee for all terms and conditions set forth in this Agreement. The Grantee further agrees that it shall assume sole and complete responsibility for fulfilling all the obligations set forth in the Agreement and the Grantee must guarantee the work of any subgrantee as if it were its own. The Grantee agrees that all subgrantee arrangements shall be formalized in writing between the parties involved. The writing must, at a minimum, include the following information: Activities to be performed; · Time schedule; 6 Project policies; Other policies and procedures to be followed; · Dollar limitation of the Agreement; Appendix A, Appendix A-l, Appendix C, Certified Assurances for Federally Supported Projects, Certification Regarding Lobbying, Debarment and Suspension and any special conditions set forth in the Agreement; and Applicable Federal and/or State cost principles to be used in determining allowable costs. The Grantee will not be reimbursed for subgrantad funds unless all expenditures by a subgrantee are listed on certification forms. Backup documentation for such expenditures must be made available upon request. All expenditures must be progammatically consistent with the goals and objectives of this Agreement and with the financial plan set forth in Appendix B. 25. Federal Funds In accerdance with Federal requirements, a Grantee which receives dudng its fiscal year $500,000 or more of Federal funds (including pass-through and direct) from all sources, including this Agreement, must agree to have an independent audit of such Federal funds conducted in accordance with the Federal Office of Management and Budget (OMB) Circular A-133. OMB Circular A-133 further requires that the final report for such audit be completed within nine months of the end of the Grantee's fiscal year. The Grantee further agrees to provide one copy of such audit report(s) to OHS within nine months of the end of its fiscal year(s). In accordance with Federal requirements, a Grantee receiving Federal pass-through funds must also agree to comply with the terms and conditions of any and all applicable Federal OMB Circulars. For the convenience of the Grantee, the following OMB circulars are noted as the most common applicable to federal funds passed through OHS: OMB Circular A-21, Cost Principles for Educational Institutions; OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments; OMB Circular A-102, Grants and Cooperative Agreements With State and Local Governments; OMB Circular A-110, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Prefit Organizations; and OMB Circular A-122, Cost Principles for Non-Profit Organizations. The Parties agree that, dependent upon the status of the Grantee, additional circulars may also be applicable. The most current version of all Federal OMB Circulars may be viewed on-line at: www.whitahou se.oov/om b/circulars. The Grantee is to ensure full compliance with all cost documentation requirements of OMB Circulars as applicable directly to the Grant recipient and to any sub-racipient (or collaborative agency/organization). Failure to do so may result in disallowance of costs upon audit. 26. Any creative or literary work developed or commissioned by the Grantee with grant support provided by OHS shall beceme the property of OHS, entitling OHS to assert a copyright therein, unless the parties have 7 expressly agreed otherwise in a written instrument signed by them. A. If OHS shares its right to copyright such work with the Grantee, OHS reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: (a) the copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (b) any rights of copyright to which a Grantee, Subgrantee, or a Contractor purchases ownership with grant support. B. If the grant support provided by OHS is federally sponsored, the federal awarding agency also reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use: (a) the copyright in any work developed under a grant, subgrant or contract under a grant or subgrant; and (b) any rights of copyright to which a Grantee, Subgrantee, or a Contractor purchases ownership with such grant support. C. The Grantee shall submit one copy of all reports and publications resulting from this Agreement to OHS. Any publications must contain the following statement, in visible print, of any document generated pursuant to a grant administered by OHS: This project was supported by a grant administered by the New York State Division of Criminal Justice Services. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the Office of Homeland Security. 27. Original records must be retained for six years following the submission of the final claim against this Agreement. In the event of a fiscal audit, the project manager or a designated responsible party must be prepared to produce soume documents that substantiate claimed expenditures. OHS requires that all documentation materials be organized, readily accessible, and cross-referenced to the Fiscal Cost Reports previously submitted. If fiscal records, such as purchase orders, vouchers, payroll registers, payroll tax records, etc., are to be kept in a fiscal office which is separate and apart from the program office, the project manager must have access to these original records. Such fiscal records must readily identify the associated project. In addition, a separate set of records must be retained for each project year. 28. Grant-related expenditures shall be reported on Fiscal Cost Reports and detailed itemization forms provided by OHS. These reports must be prepared periodically as defined in Appendix C of this Agreement. All reported expenditures must reconcile to the program accounting records. Prior period adjustments shall be reported in the same accounting period that the correction was made. 8 Southold, Town of Buffer Zone Protection Plan C150956 WM05-1172-D00 DESCRIPTION Southold, Town of E{luipment EQ I-C-4 as per approved attached VRP Appendix B - Project Budget GRANT AMOUNT MATCH AMOUN'I $50,000 $0 Grant Total: $50,000 $0 UNITED STATES DEPARTMENT OF HOMELAND SECURITY Information Analysis and Infrastructure Protection Protective Security Division - Protective Measures Section Buffer Zone Protection Plan Program VULNERABILITY REDUCTION PURCHASING PLAN VRPP NO. BZPP SITE ADDITIONAL BZPP SITE(S) RESPONSIBLE JURISDICTION ORGANIZATION (RJO) RJO POC NAME E-MAIL ]DATE Plum Island Animal Disease Center ADDRESS Town of Southold Police Department :APT Martin Flatiey mflatiev~town.southold.nv.us ADDRESS (ES) ~DDRESS PHONE gELL 6/24/05 P.O. BOX ~48, Greenport, NY 11944 41405 Main Road, Peconic, NY 11958 631-765-3115 631-767-2940 EQUIPMENT AND RELATED ITEMS ITEM AEL I NO. NO. DESCRIPTION] UNIT COST QTY. TOTAL COST Watercraft, CBRNE Prevention and Response. Used by the department to enhance its terrorism prevention patrols of the Plum Island Animal Disease Research Center. 2005 27' World Cat HT vessel. Suggested Vendor. Southold Madne Center, I 17.1 Rte.25, Southold, NY 11971. TEL: (631) 765-3131. $50,000 I $50~0gg.00 ~RPP GRANT TOTAL $50,000.00 IVRPP ILOAN NO. I EQUIPMENT RECEiVED/EH ROUTE 3RAND TOTAL INOT TO EXCEED $!~,~0) $50,000.00 EENSITIVE HOMELAND SECURITY INFORMATION VRPP Plum Island Animal Disease Ctn -- FOR OFFICIAL USE ONLY - ~/~5 LAW ENFORCEMENT SENSITIVE Page 1 of 2 UNITED STATES DEPARTMENT OF HOMELAND SECURITY lnformtion Analysis and Infrastructure Protection Protective Security Division - Protective Measures Section Buffer Zone Protection Plan Program VULNERABILITY REDUCTION PURCHASING PLAN v~'P NO. I lOAm I 6/24/05 AGENCY/ORGANIZATION NAME Town of Southold Police Depa~ment NAME/TITLE Carilsle Cochran, Chief of Police Southold Township PHONE NUMBER & E-MAIL ADDRESS (631) 765-2700 E-marl: chiefcochran@town.southold.ny.us DATE 6/24/05 REQUEST SHSA CONCURRENCE AGENCY/ORGANIZATION NAME NAMEffITLE New York State Office of Homeland Security Frank Tabert/Deputy Director (212) 867-1337 ftabert~security.state.ny, us 6/26/05 PHONE NUMBER & E-MAIL ADDRESS DATE AGENCYIORGANIZATIOH NAME CONCURRENCE New York State Office of Homeland Security Thomas Gallagherl Project Assistant (518) 457-8961 tgallaghm'~security.state.ny.us 6/26/05 WE/TITLE PHONE NUMBER & E.&'IAJL ADDRESS DATE ODP VERIFICATION NAME/TITLE PHONE NUMBER & E-MAIL ADDRESS DATE NAME/TITLE IAIPIPSD APPROVAL PHONE NUMBER & E-MAIL ADDRESS DATE NAME/TITLE ODP PHONE NUMBER & E-MAIL ADDRESS APPROVAL DATE SENSITIVE HOMELAND SECURITY iNFORMATION VRPP Plum ~sland Animal Disease Ctn -- FOR OFFICIAL USE ONLY -- 3/1/o5 LAW ENFORCEMENT SENSITIVE Pacje 2 of 2 06/01105 APPENDIX C PAYMENT AND REPORTING SCHEDULE NOTE: Additional payment provisions associated with the schedule(s) below are detailed in Appendix A-I. For All Grantees: The Grantee agrees that this is a reimbursement-based contract; an advance may be provided through Appendix D. All requests for reimbursement must reflect actual costs that have been disbursed or items received by the Grantee. A purchase order issued without receipt of the items or service is not eligible for reimbursement. Grantees must submit all required fiscal reports, supporting documentation and program progress reports. Failure to meet these requirements will result in the rejection of associated vouchers. Failure to submit the final program report, or interim progress report designated as the final report, may result in a disallowance of 25 percent (25%) of the grant amount. The Grantee must also refund all unexpended advances. (See item three below.) Final,vouchers, reimbursement payment and reports must be submitted within 45 days of the end of the grant contract period. Failure to voucher within this period may result in the loss of grant funds. If at the end of this grant contract there remains any unexpended balance of the monies advanced under this contract in the possession of the Grantee, the Grantee shall submit a certified check or money order for the unexpended balance payable to the order of the State of New York and return it to the Finance Office of DCJS with its final fiscal cost report within 45 days of termination of this grant contract. Vouchers shall be submitted in a format acceptable to OHS/DCJS and the Office of the State Comptroller. Vouchers submitted for payment shall be deemed to be a certification that the payments requested are for project expenditures made in accordance with the items as contained in the Project Budget (Appendix B) and during the contract pedod. When submitting a voucher, such voucher shall also be deemed to certify that: a) the payments requested do not duplicate reimbursement from other sources of funding; and b) the funds provided herein do not replace funds that, in the absence of this grant, would have been made available by the Grantee for this program. Requirement b) does not apply to Legislative sponsored State grants. For purposes of prompt payment provisions, the Designated Payment Office for the processing of all vouchers is the Finance Office of DCJS. Payment of grant vouchers shall be made in accordance with the provisions of Article XI-A of the State Finance Law. Payment shall be preceded by an inspection period of 15 business days which shall be excluded from calculations of the payment due date for purposes of determining eligibility for interest payments. The Grantee must notify the Finance Office in writing of a change of address in order to benefit from the prompt payment provision of the State Finance Law. When progress reports are overdue, vouchers will not be eligible for prompt payment. Timely and properly completed New York State vouchers, with supporting documentation when required, shall be submitted to: NYS Office of Homeland Secudty Weapons of Mass Destruction Task Force State Office Building Campus 1220 Washington Avenue, Suite 610 Albany, NY 12242 Payment schedules and payment method provisions are outlined on page 2 of this Appendix. 6. Payment Schedule I Pending approp#ation, 30 days after commencement date of contract with proper documentation or upon receipt of proper documentation, whichever is later. 2-4 Quarterly A not-for-profit Grantee operating on a multi-year contract may voucher for an optional fifth quarter advance against the succeeding years appropriation, pursuant to NYS Finance Law, Section 179-u. All submitted vouchers will reflect the Grantee's actual expenditures and will be accompanied by supporting detailed itemizations of personal service and non-personal service expenditures and other documentation as required, and by a fiscal cost report for the reporting period. OHS reserves the dght not to release subsequent grant awards pending Grantee compliance with this Agreement. In the event that any expenditure for which the Grantee has been reimbursed by grant funds is subsequently disallowed, DCJS in its sole discretion, may reduce the voucher payment by the amount disallowed. If necessary, the Grantee may be required to submit a final budget reallocation. Fiscal cost reports must be submitted showing grant expenditures and/or obligations for each quarter of the grant within 45 days after the last day of the quarter for the reporting pedod. Advance payments shall be permitted as specified in Appendix A-l, and in the amount specified in Appendix D. Payment requests need to include the following documents as required: Detailed Itemization of Personal Service Expenditures Detailed Itemization of Non-Personal Service Expenditures Detailed Itemization of Consultant Expenditures Expert witness agreement and supporting documentation Voucher and Fiscal Cost Report signed Written documentation of all required OHS prior approvals as follows: · OHS approval of non-competitive consultant. · OHS approval of non-competitive vendor for services. · OHS approval of consultant services reimbursement greater than $450 per eight hour day. · OHS approval of change to Personal Services by more than 10 percent. · OHS approval to exceed NYS Office of the State Comptroller travel, meals and lodging rates. · OHS approval to subaward to another organization. · OHS approval for overtime payments exceeding 25 percent of an employee's annual personnel cost. · OHS approval to modify Non Personal Services budget categories by more than 20 percent. · OHS approval to reallocate funds between Personal Services and Non Personal Services. Southold, Town of Buffer Zone Protection Plan C150956 WM05-I 172-D00 Appendix D - Program Workplan Southold, Town of This Program will be implemented by: Project Goal: Prevent terrorist attacks. Objective # 1 Protect critical infrastructure. Task # 1 Purchase equipment to enhance the security of the critical infrastructure. Performance Measure Identify equipment ordered and received. Provide brief narrative on the status of installation and training of personnel. Equipment accountability records are properly maintained. Southold, Town of Buffer Zone Protection Plan C150956 WM05-1172-D00 Special Conditions Upon approval of this gram by the Office of the State Comptroller, or DCJS for a "T" contxact only, the Grantee is authorized to initially voucher for advance pa)xnent of those prospective expenses previously approved by OHS. The grantee will be required to submit adequate justification for thc advance payment; OHS reset'es the right to deny any request, particularly if the grantee has unexpended cash from OHS or is delinquent in reporting or providing required documentation. Consistent with paragraph 15 of Appendix A-1 of this grant contract, vouchers for advance payments for the purchase of equipment and supplies must be supported by a copy of the approved purchase order. Grantee agrees that if the project is not operational within 60 days of the original starting date of the gram period, it will report by letter to OHS the steps taken to initiate the project, the reasons for delay, and the expected starting date. If the project is not operational within 90 days of the original starting date of the grant period, the grantee will submit a second statement to OHS explaining the delay. The State may either cancel the project and redistribute the funds or extend the implementation date of the project beyond the 90-day period when warranted by extenuating circumstances. This contract may be extended, increased, decreased, terminated, rene~ved, amended or renegotiated at the discretion of the Director of the Office of Homeland Security. Unless otherwise specified in the workplan, the grantee will submit all required reports on a quarterly basis. Reports must be completed and submitted within 45 days of the end of the quarter. Failure to submit reports in a timely manner may jeopardize future funding for this grant program. Funds must be used in accordance with the guidelines set forth in the FY 2005 Buffer Zone Protection Program application kit. Equipment purchased with grant funds must fall within the Office of Domestic Preparedness (ODP) eligible equipmem categories. It is the responsibility of the grantee to request a determination of eligibility from ODP, through the WMD Task Force for any item in question. Any communications equipment purchased with FY05 awards should be APCO 25 compliant. The grantee is required to complete a Communications Plan consistent with the ODP standards. All communications equipment purchases must support implementation of the plan.