HomeMy WebLinkAboutCornell Coop/LWRP Grant
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KIERAN M. CORCORAN
ASSISTANT TOWN ATTORNEY
kieran.corcoran@town.southold.ny.us
SCOTT A. RUSSELL
Supervisor
PATRICIAA. FINNEGAN
TOWN ATTORNEY
patricia.finnegan@town.southold.ny.us
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
LORI HULSE MONTEFUSCO
ASSISTANT TOWN ATTORNEY
lori.rnontefusco@town.southold.ny.us
Telephone (631) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
To:
Elizabeth A. Neville, Town Clerk
From:
Lynne Krauza
Secretary to the Town Attorney
Date:
April 27, 2006
Subject:
Cornell Cooperative Extension/LWRP Grant
Contract #C006355
For your records, I am enclosing an original, fully executed Contract for
Services in connection with the referenced matter for your records. We will retain
a copy in our file. Also attached is a copy of the resolution authorizing Scott to
sign same.
If you have any questions, please do not hesitate to call me. Thank you
for your attention.
Ilk
Enclosures
cc: Patricia A. Finnegan, Esq. (w/encls.)
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CONTRACT FOR SERVICES
TIllS AGREEMENT, entered into this_day of Ap r;( 2006, between the Town of Southold,
with offices at 53095 Main Road, Southold, NY 1 ~ 971, herinafter called the "Town" and Cornell
Cooperative Extension, with offices at 423 Griffing Avenue, Riverhead, NY 19901, hereinafter
called the "Contractor"
WITNESSETH
WHEREAS, The Town of Southold desires to engage the Contractor to render certain
professional services hereinafter described in connection with an undertaking.
NOW, therefore, the parties hereto agree to engage the Contractor and the Contractor hereby
agrees to perform the services hereinafter set forth.
1. Emolovment of Contractor - The Town hereby agrees to engage the Contractor and
the Contractor hereby agrees to perform the services hereinafter set forth.
2. Scone of Work - The Contractor shall perform and carry out, on a satisfactory and
proper manner the services described in Exhibit A: attached hereto and made part of
the contract.
3. Personnel-
a. The Contractor represents that all personnel engaged in the work shall be fully
qualified by reason of training and experience to perform such services set forth
herein.
b. None of the work or services covered by this contract shall be subcontracted
without the prior written approval of the Town.
c. Hold Harmless: Indemnification: The Contractor agrees to indemnify and hold
harmless and defend the Town from and against any claim, lawsuit, and/or court
judgment, including costs and reasonable and necessary attorney's fees, that result
from in;jury to any person, including death, or damage to property caused by the
negligent acts or omissions of the Contractor or its employees during the
Waterfront Revitalization Project. Contractor shall provide the Town with a
certificate of insurance showing evidence of the following insurance and adding
the Town as an "additional insured" on the General Liability.
1. Commercial General Liability Insurance with a limit of$I,OOO,OOO per
occurrence and $2,000,000 aggregate.
2. Business Auto Insurance with a limit of $1,000,000 per accident Combined
Single Limit for BI and PD.
3. Statutory Workers Compensation.
4. Time of Performance - The contract period is from October 15, 2005 through March
31, 2008 per the New York State agreement.
5. Compensation - The Town agrees to pay the Contractor the total sum not to exceed
$75,000.
6. Method of Pavment - Payment shall be made in accordance with the billing schedule
and upon receipt by the Town of a properly completed voucher form supplied by the
Town. It is mcpressly understood and agreed that in no event will the total
compensation and reimbursement be paid hereunder exceed the maximum sum of
$75,000.00 for all of the services required.
7. Monthlv Reoorts and Activity Reoorts - Monthly activity reports should be submitted
along with monthly vouchers for reimbursement for approved expenditures.
8. Additional Rights and Remedies - This contract shall be governed by, subject to, and
construed according to the laws of the State of New York.
IN WTINESS WHEREOF, the parties hereto have executed this contract as of the date
hereinabove set forth.
Town of Southold
By ~ .j(~\IO'
FRCX1 : 'SOJTHOLD TCUI I'I..J#HI'6 BOARD
FAX NO. 631 765 3136
Aug. 12 2005 10: 3'5l'lM 1'7
EXHIBIT A
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Task 5:
Natural Re,our-ce lJJ\'elltory and Database data collection
The consultant will complete digital invetltories and use the data to populate the Nat\l.ral Resource
Inventory and Patabase (NRID) Ollltablished by the Town. The inventory will build on and supplcmell1
previously wl1eeted data including the Southold Creeks scenic inventory; the Town's existing GIS
database; previous mooring md shoreline data; and existing informatiOn ftom rel8Val1t sources. All GIS
data collected as part of this project shall be ptesonted and stored in MapInfo format. Inventory work
will build on the GIS assesSlmDt completed for the Town creeks under a previous EPF award, and focus
on the l'Cmaining Town .hureline.
The digital inventory to l"'Pulate the NRID will include:
. Inventory of shoreline struotur'es . digital photos of docks, bulkheada and othct shoreline
strUCtures extracted from diaital videos and linked to the corresponding tax map lot;
Inventory of all shoreline defense structures - all shOl'Cline-hardening structures such as
revetments, groins and bulkheads (includinlllltOteKtile dmces) will be mapped and linked to
the c()n'CSponding parcel and descriptive metadata including the length, size. constnlCtion
material (i.e.; metal, roclc, wood, plastic, etc.), and apparent visual eonditioo;
Inventory of ""isting moorings - all moorings will be mapped and linked to digital and aerial
photos;
Naviptional clwmels - aU previously and CUIIently maintained navigational channels, and any
cbannel marken, buoys or beacons, will be mapped and 1inIced to aeria1 photos;
Eelgrass locations. all known eelgrass locations will be mapped and incorporated; and
. Shellfish restoration areas - all past and CUITCIlt shellfISh seeding loeatinns will be mapped and
linked to aerial photos and descriptive metoda'" including the shellfish species. quantity and year
oflut lcnown seeding effort.
The Town will provide DOS with an electronic copy of all inventory data.
PrOdllcl:
Digital inventory data collected for all are.. of the Town shoreline outside of the
previously mapped creeks.
Task 6: NRID presentation to Peeonlc Estuary Procram and Lolle Island Sound Study
The Town will prepare a Po....e.Point presc:ntation detailing the process, result8, md utility of the
inventory and mapping of all Town coastal stxuctun:s and features undertaken as part of the NRID
process. The Town will provide a draft of the presentation to DOS for comment and review. The Town
wHl present the final presentation at a general meeting of the Peconic Estuary Program and of the Long
Island Sound Study. The presentation will emphasize how the data is being used for coastal 7""'.
management and consistency detenninatiollS as part of the Town' s L WRP.
The Town will als" prepare a BUmnllllY of the NRlD process, ineludinll costs, funding mechanisms,
details ofthe equipment used, and lessons learned.
ProduCU:
Draft PowerPoint for DOS review, and final PowerPoint presentation incorporating DOS
comments, presented at one meeting oftbe Peconic Estuary Program and at one meeting
of the Long Island Sound Study. Submission of. draft summary of the Town shoreline
mapping projects to DOS for review, and submission of three (3) copies of the final
summary incorporating DOS comments.
I:R01 : 'SOUTHCl...D TClU-l PI..ANN 11,[; BOARD
FAX NO, 631 765 3136
AU9. 12 2005 UIJ:35AM P8
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Task 7: Scallop spawner sanctuary Identification
Using information acquired as part of the NRID database and previously collected data, the To"'1l will
identify at least two (2) locations approp' iate for the establishment of bay scallop spawner ..nctuaries.
ll1e Town will prepare a SummaI)' of tile conditions, available biological and llhysical data for each of
the two (2) identified locations for review by OOS. The summary will include, at a minimwn, a location
map, coordinates and aerial photograph of the identified sites; existing data S"I'Porting the
recommendation of each site includi\lll the presence, dcmity and dimenaiorn; of eelgrass beds, previous
shellfish harvest or seeding information, presenee of predators; and physical characteristics including pH,
depth of.....1<:f, a~,.,.ge water temperature (if \mown), distance toneatby eelp... and kn<YWn bay '''.\\0'1>
harvest areas or eelliRss beds and ''Pat collex;tors.
The 3I1I1lft18<Y document win also recommend the most appropriate spswner ....nctuary location, provide
justification for the final site selection, and provide reoommendetions for the management or designation
of spawner sanctuaries to discourage recreational or commercial harvesting of spawninglbroodstock
animals. The Town will include completed copies of any necessary pennit applications for the
establishment of the reoommended Spawner sanctuary with the summary report.
Products:
Identification of two (2) polelltiallocations for bay scallop spawner sanctuaries, and
summary document providing physical and biological information for all siles,
epplioatilms for permits. recommendation of sites, justification for fInal site "lcction,
and reoommendatiOll$ for Spawner sanCtuary management. Submission of a draft
surnDllllY to DOS forrmew, and submission oftbreco (3) copies oflbe final summary
incorporating DOS comments.
Task 8: Scallop spawner sanctuary planting .nd field notes
The Town will desianate the recommended ",awner sanotuary site as a "no-harvest aone" and plant a
minimum of 75.000 adultscallops at the site. The Town's consull'llnt will prepare field 1I0lea from each
of the plantina events including approximate number and size oC the scallops planted. water temper&l\Ir1:,
pH, salinity, and time and date, and fully document the planting evenlO with phnlognphs of the scallops
and actual planting efforts.
The Town's consultant will submit copies of the field notes and documentation photographs at the
conclusion of each planting event.
Products.
Designation of the recommended scallop spawner sanctuary prohibiting harvest, planting
of 75,000 scallops at the recommended scallop spawner sanctuary site, and submission
of all field notes and pbotOgraphs to DOS.
T.... II: Scallop spawner sanclllary lUODitoring
The Town will undertalcll routine monitoring of the scallop Spawner sanctuary to determine the level of
success. The Town will place spat coll""tors in the anticipated path of larval drift, docwncnt the survival
and reproductive success of the spawner sanctuaries, and observed larval settling on adjacent eel8l'us
beds.
The Town and its consultant will prepare and submit a summary of the monitoring process and results to
DOS for review.
Products:
Submission of a draft summary of the scallop Spawner sanctuaries monitoring to DOS
for revi_, and submillSion of three ('3) copies of the final summary illcorporaling IXJS
comments.
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FRO'; : 'SOUTHCLD TOW'l PLfN< I ~fj BOARD
FAX NO. 631 765 3136
Rug. 12 200S 10: 36AM P9
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Task 10: Scallop spawner sanctuary final report
The Town will prepare a final report that documents the process of the iclentification, selection, clata
collection. planting and menitoring of the spawner sanctuBty. The Town will dl'aw infOI1I1&tion from the
site selection SUllltllMY report, field notes, and monitoring summary.
Produets:
Submission of a draft report of the scallop spawner sanctuaries project to DOS for
review, and submission of three (3) copies oCtbe fmal report incorporating DOS
comments.
Task 11. Semi-lIDnu81 reporting
The Town or its consultant sha1l submit to the DOS semi-ennuaJ reports evay six months on the fonn
provided, including a dllllcription of the work accomplished, any problems encountered, and any
assistance needed. The ,report may be submitted as part of a payment request.
Pr04ucts:
Semi-ennuaJ reports durin; the life of the contract.
Task 12: Project completion lUld Measunble Results
Upon completion of the project, the consultant shall.ubmit a statement to the Town that the work has
been completed in ac:cordance with the contract and all permit requirements, where applicable. The
coneuItant shall provide the municipality with all TCpOrt$, analysis, data,OIS layers, and pr04ucts as
specified in this work procram. The Department of SllIte sball concur that the work is complete prior to
the murucipolily paying the OOOSIJl!aIlt mdlor submitliJlg to the Depatlment of State for f"lIil plymMl of
grant funds. The m1>ll.icipality shall complete the Measurable RC$\Ilts form attached to this wort< program
...d provide a copy to the Department of State.
Product.
Completed Measurable Results form.
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Appen<Ilx B
BUDGET StJMM.A.ll.y
A. Salaries ~ Wages (including Fringl: Benefits) $ S10,OOO,00
B. Trawl S $1;500.00
C. S1JpplieslMateria1s $ SO.OO
D. BquipmeIlt IS SO.OO .
B. Corltraetual Services S '138,500.00
F.Otba- $ SO.oo
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TOTAL PROJECTCOST , . ,iso,Ooo.oo
TOIlI1 State Punds (SO % ofTOIlI1) $ $7S,ooo.oo
, . '75,000.00
TOIlI1 ~ Sbate (50""' of Total) .$
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B-2
.Appendix B (Budget Detail Sheet)
~ SALARIBS &: WA.GBS
mY; ANNUAL . AMOUNTt"!RARmln
cu. .".". Tn'
Director, Public Works $82,11"'. $7,500.00
.
Town GIS Coordihatoor 560,227.00 52,500.00
SUBTOTAL S 10,000.00
B. TRA va.
Travel to Pl'ojec>t Meelinp (meals, tons &: 1IIl1eage) - 5618
Tn-vel to DOS U Conferance (tqiltratioa, ~g, meals &: mileage) - $882
SUBTOTAL S l,soo.oo
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SUBTOTAL $ 0.00
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SUBTOTAL S 0.00
B.CONTRAcrt1AJ., SEllVICBS
GIS Natuml Resaul'ce8lDventory Dalabue ,$37,000
Qulkx\ ofaBay ScaI10p Spawner Smctualy - $101,500
SUBTOTAL $138,500.00
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. SUBTOTAL $ 0.00
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FACE PAGE
STATE AGENCY (Name and Address):
NYS Department of State
41 Stjlte Street
AJbany,NY 12231-0001
NYS COMPTROLLER'S #:
ORIG. AGENCY CODE:
C006355
19000
CONTRACTOR (Name and Address):
TYPE OF PROGRAM: Environmental Protection
Fund Act
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Town of South old
53095 Main Road
Southold, NY 11971
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STATE SHARE FUNDING AMOUNT FOR
INITIAL PERIOD $75,000.00
LOCAL SHARE FUNDING AMOUNT FOR
INITIAL PERIOD $75,000.00 ,
FEDERAL TAX IDENTIFICATION NUMBER:
11-6001939
MUNICIPALITY #
INITIAL CONTRACT PERIOD:
FROM: October IS, 2005 TO: March 31, 2007
MULTI-YEAR TERM (If applicable): ,
From: October IS, 2005 To: March 31, 2008
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APPENDICES AITACllED TO AND PART OF TIllS AGREEMENT
APPENDIX A: Standard clauses as required by the Attorney General for all state contracts
APPENDIX Al Including
Attachments I, 2, & 3 thereto: Agency-specific clauses
APPENDIX B: Budget
APPENDIX C: Payment and Reporting Schedule
APPENDIX D: Program Workplan
APPENDIX X: Modification Agreement Form(to accompany modified appendices for
changes in term or consideration on an existing period or for renewal
, periods)
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. . IN WITNESS THEREOF, the parties hereto have executed or approved this AGREEMENT on the dates
below their signatures.
Contract No. C006355
CONTRACTOR
By: / .--A-
Y. Horton
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STATE AGENCY:
New York State Department of State
By: rf~F~
;r; d: +-h E, I< of f111.~
DOS Di~i'6~'jl of A~ni ration
Title: And Management
Date: 1/ / 1-10)'
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State Agencv Certification
"In addition to the acceptance of this contract, I
also certify that original copies of this signature
page will be attached to all other exact copies of
this contract."
(PrinIName)
Title: Supervisor
Date: September 8, 2005
ACKNOWLEDGMENT
Staie of New York )
County of Suffolk )ss:
On this ~ day of OL-~~( , 20~ before me personally came
Joshua Y. Horton to me known, who, being by me duly sworn, did depose and sa~ that
he/she/theyreside(s) in 53095 Main Road, PO Box 1179, Southold, NY 11971
(if the place
ofresident is in a city, inc\udethe street and street number, if any, thereo!); that helshe/they is(are) the
SUDervisor (title of officer or employee) of the Town of Southard. (name
of municipal corporation), de:scribed in and which executed the above instrument; and that he/she/they signed
hislher/their name(s) thereto by authority of the governing body of said municipal corporation.
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BONNIE J. DOROSKr
Notary Public, St8\8 Of New '1brll
, ,SuffOl~~un~
Term Expires July 7, 20 ~
ATTORNEY GENERAL'S SIGNATURE:
Approved:
APPROveDO\.
DEPT. Of NlOI'T & cOKtft .
DEe 0 5 2005
fOB~'ti~Ollfr>.
O~;,
Title: ." ,0 f ,.
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Alan G. Hevesi
Comptroller
By:
Date:
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STATE OF NEW YORK
AGREEMENT
The 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 fuDding for the establishment and
operation of program services and desires to contract with skilled parties possessing the necessary resources to
provide such services; and
WHEREASytlie CONTRAcrOR is ready, willing and able to provide such program services and possesses
or can make available all necC'.ssaty qualified pemolU1el, licenses, facilities and expertise to perform or have .
perfonned the services requimd pursuant to the tenns of this AGREEMENT;
NQW, THEREFORE, in <lonsideration of the promises"responsibilities and covenants herein, the STATE
and the CONTRAcrOR ilgrec, as follows:
I. Conditions of Allreement
A This AQREEMENT may consist of successive periods (pERIOD), as specified within the AGREIlMENT
. or within a subsequent Modification Agreement(s) (Appendix X). Each additional: or superseding PERIOD
shall be on the forms SPecified by the particular State a~cy, and shall be incolpOrated into thi.s
AGREEMENT. .
B. Funding.for the first PERIOD shall not exceed the funding amount SPecified on the face page hereof.
Fundiilgfor each subsequent PERIOD; if any, shall not exceed the amount SPecified in the appropriate .
appendix for that PERIOD. . .
C. This AGREEMENT in<,orporates the face pages attached and all of the marked appendices identified on
the .face page hereof. . . .
D.For each succel"Ail'lg PERIOD of the AGREEMENT, the parties shall prepare new appendices, to the
exlent -that any require modification, and a Modification Agreement (the attached AppendiX.x is the blank
fonn tObe used). Any termS oithis AGREEMENT not mOdified shall remain in effect for each PERIOD of
the AGREEMENT. .
To modify the AGREEMBNr within an exiSting PERIOD the parties shall revise or complete the appropriate
appendix 'forms(s). Any ohange in the amount of consideration to be paid, or change in the term. is subject to
the appro~ of the Office of the State Comptroller. Any o~er ~ficatioi1s shall be processed in
accordance with agency guidelines as stated in Appendix AI.' ~ .
E. The CONTRAcroR shall perfonn all services to the satisfaction of the STAm The CONTRAcroR
. shall provide services and meet the program objectives slll11iDariZed in the Program Workplan (Appendix D)
in acoordance with: provisions of the AGREEMENT; relevant laws, ..wes and regulations, administrative and
fiscal guidelines; and where applicable, operating certificates for facilities or licenses for an activity or
program,
F. lfthe CONTRAcroRenters into subcontracts for the perfQ1'Dlllllce of work pursuant ~ this
.. 'AGREBMBNr, the CONI'RAcroR shall take full responsibility for the aom and omissions of its
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subcontractors. Nothing in the subcontract shall impair the rights oCthe STATE under this AGREEMENT.
No contractual relationship shall be deemed to exist between the subcontractor and the STAlE.
G. Appendix: A. (Standard Clauses as required by the Attomll)' General for all State contracts) takes.
precedence over all othllr parts of the AGREEMENT. . .
n. PaVll'l\lnt and Renortinl!:
A. The CONlRACfOR, to be eligible for payment, shall submit to the STAlE's designated payment office
' (identified in Appendix: C) any appropriate documentation lI$' required by the Payment and Reporting .
Schedule (Appendix C)and by agency fIscal guidelines, in a manner acceptable to the STATE. .
B. The STATE shall make payments and any reconciliations in accordance with the Pa~t and Reporting
Schedule (Ap~ndix C). The STAlE shall pay the CONTRACTOR, in consideration of contract services for
a given: PERIOD, a sum not to exceed the amount noted lIn 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 CONlRACfOR !losts and services provided pursuant to this
AGREEMENT.
C. The CONTRACTOR shall meet the audit requirements specified by the STATE.
m Terminations
A. This AORBEMENT may be tenninated at any tiine upon mutual.written consent of the STATE and the' .
CONIRACI'OR
B. The STAlE may terminate the AGlumM:ENr immediately, upon written notice of~tion to the
CONIRACI'OR, if the CONIRACTOR Dils to comply with the termS and conditions of this AGREEMENT
and/or wilh any laws, rules, regulations, policies or procedures affecting this AGREEMENT.
C. The STATE may also terminate this AGREEMENT for any reason in accordance 'Witltprovisions set
forlh in Appendix AI.
. D. Written notice of termination, where required,. shall be sent by personaI messenger servi9C or by certified
mail, return receipt requested. The termination shaII be effective in accordance with terms of the notice.
B. Upon l'eOeipt of notice ofteimination, the CONTRACI'OR shall oanceI, prior to the effective date of any .
prospective teimination, .all outstandiBg obligations, an4 agrees not to incur any ~ew obligations after receipt
of the notice without approVlil. by the STATE.
F. The STATE shall be responsible for payment on claims pursuant to Services provided and.cOsts inourred
pursuant to tenus of the AGREEMENT. . In no event shall the, STATE be liable for expenses and obligations .
ar!singfrom the program(s).in this AGRBEMBNT after the termination date.
Iv. IDtl-ifioation
A. The CONl'RACTOR shall be solely responsible and answerable in damages for any and all accident
and/or injuries to person (inoluding death) or property arising out of or related to the servi9CS to be rendered
by lhe CONl'RACroR or its subcontraotoi1 pursuant to this AGRBBMENT. The CONTRACI'OR shaI1
lndemi!iiY and hold harmless lhe STArn and its officers and employees from o1aims, suits, actions, damages
and costs of every nature arising out of the provision of serv:IOes pursuant to this AGRBBMBNT.
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. B. Thl( CONI'RAcrOR is an independent oontractor and may neither hold itself out nor claim to be an
officer, employee or subdivision of the STAlE nor make any claim, demand or application to or for any right
based upon any diffllrent status. .
V. Prooertv
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 begovemed by Federal or State laws, rules or
regulatiollB, or as sta.ted in Appendix A I.
VI. SafelZllllTds for Services and Confidel;!tiality
A. Services performe4 pursuanlto this AGREEMENT are secular in nature and shall be performed iD. a
manner that does not discriminate on the basis of religious belief; or promote or discourage adherence to
religion in general or partioular religious beliefs.' . .
B. Jiunds 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.
C. Information relating to individuals who may receive services pursuant to this AGREEMENT shall be
tnalni1lm~ and used only for the purposes intended under the Agreement and in conformity with applieable
provisions ofIawa and regulatiollB, or specified in Appendix AI. .
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APPENDIX A
Standard Clauses for Ail New York State Contracts
The parties to the attached contrac~ license, I.ase, amendment or other
8greement of any Jcind (hereinafter, "the oonlract" or 'this contract') agree
-to be bound by the following clauses which are her.by made a part ofth.
oontract (lite word "Contractor" herein ref.rs to any PartY other lhan the
State, wheth.r a oontractor, licenser, lic.n.... I..sor. less.. or any other
\l8I1Y):
\, EXECUToRY CLAUSE. In accordance with Section 41 of lit. Stale
Finance Law, lite State shall bav. no lillbilily under this contract 10 lite
a."tractor or 10 anyone else b.yond funds appropriated and available for
Utls contracl.
2. NON-ASsIGNMENT CLAUSE, In accordance willt Section 138 of
UteStateFinance Law, litis contract may not be ...Igned byllteContrac!<Jr
' lit Its rish~ tide.or interest therein assigned, transferred conveyed, SlIblet
or othcrwlac disposed ofwithoulthe previous coll8Cll~ in Writing, of the
Slitc and any altcmplB to 888i&n the contraCt withoulthe Slale's written
CXlll8ellt are null and void 'The Contractor may, bowever,...ign lIB right to
rec:elvc pa)'l1lClll without the Slale's prior written consenl UlII~ tbis
,- concerns cemflcalea of Participation pursuanllo Article S-A of
lite State Finance Law.
3. COMi>TRnr:Ur.R'S APPROVAL In accordance with ~on 112
of the State FIamce Law (or, if this contract is wilb the State University
or City UaIwnityofNow Yorl<, Section 3SS or Section 6218 oflbe
Ilducation aw). if this ""ntracl cxcoeds $IS,ooo (or- the minlmwn
lbnaholds ll8I'OCd to by the Office of 1hc Stale Comptroller for cettaln
8.u.N.Y. and C.UN.Y. contracts), or if this Is an """""''''''III for any
_Ioaoontractwhlch, as 10 amended, excoeds said -loty8lt\Oun~
ora;'bythls contract, the Stitc agreeno gi,'e something other than money
..... 1hcnluc or reasonably estimated nine of such considoratinn
'-cds $10,000, kshall not be nlid, c&c:tivc orblndlngupcin the ~
lIIlIl1lt... been approved by the State Con.,trollerand filed in his office.
'Oampcrollor'.llppI\)VI1 of contracta let by the Offi.. of General Servioes
II JeqU/red when 111M contracta oxoeed $30,000 '(State Finance Law
llec:don 163.61). '
. ... WORTnn>", COMPENSATION BENImITl:, In accordance wId1
8occIoo 142 Gf1hc State Flnancc Law, this contract shall be \'pid and ofllO
illIlO lilIll elroct1llllca 1hcContractor shaI1 provldelnd I1IlIinlalQcovaago
clurlag1hc 1Ilb of this 00IIIrIct fOr 1hc benelil of suc:h aqlloyees as Ire
nqulrcd ll! be COVmd by the provlslobl of the Woltcn' Coaipcossdon
Law.
. So froN-DISCllnm.rATTON REQUIREMENTS_To the extend
.nqUIrcd by ArtIcI. IS ofllte Bxceulive Law (also known as lite Human
JUsbII Law) and III other State IOd Fed~ -.tory and constitutional
~provillons,IIteConltactorwlllnotdiscrimlnatof6lllllll
lIl\YemplO)'eO or lIppIIci.nt fbr employment ~ ofnco, creed, color,
fer.llItIonal orlgUi, -.l ~n,. ase. disability or maril8lltatua.
JIoIlh<<ntote, in IOCOIdInce MtbSection22O-c of the LaborLaw,lfthls
"a~ntractfbr theeonstructlnn, IItcratinn or repli(ofanypubllcbtdld/ns
Cll' pabl~ wvdo or br the manullwture, sale or diStrIbution of materials,
eqUIpment or .lIUpplles,and.ll! the oxtont that this contract IhaII be
pel'lbnn.d widWt Cbe Slitc ofNowY od:, Contractor IBJ'C08 thIt neltbor II
II<< "lIlbcoalnicl..ashlll, byrellon ofnce, creed, color, dlsll>nlty, seX,
.1I8lio.... orfala: (a) discrimInate in Idriag against IllY Now Yodo State
CIllan VIbo II quIIJ1Ied and IVII1able 10 perform' the wodc; or (b)
4lIcdmiaslestalnst or lntiri1Idate lOyemployce hired tortho performance
May 2003
of work under this contract. If this Is a bunding service cOntracl as defined
in Sootlon 230 of tho Labor Law. then, in accordance wltb Section 239
thereof, ,Contr'actor agrees that nolth.,.. it nor ils subcontractors shall by
r0880n of race, creed, color, national origin, age. sex, 'or disability: (a)
discriminate in hiring against any Now York Slatecillzcn who isqullltled
IOd available 10 perfonn thewotk; or(h) discriminate agaln810r inlimldate
my employee hired for tho porfonnancil of work under Ibis contract.
Contractor Is subject to lin.. of $50.00 per person per day' fOr anY
vio1atJon of Section 220.. or Section ,239 as well as po..ible termination
of this c<lntract and forfeiture of all moneysdue hercundeN'or a second or
' subsequenl vio1atJon"
6, WAGE AND HOURS PROVISIONS. If tbis is . public work
contract covered by Article 8 of the Labor Law or a building ..rvlce
contract covered by Article 9 tbcreo( nellber Contractor'a employees nor
the aqlloyees ofles subcontractors may be ""JIIired or ponnItted ll! work
more than Ibe number of hours or days 8laled in said lICatutes, cxccpt as
otherwl.. ~vided in the Labor \swand as let forth in prevailing wage
and IUpplemllnl sobedules Issued by the Stale Lab.or DOp,,",,-L
Furtbermore, Contractor and Its subcontracton muat PlY at loast the
prevailing wage rate IOd payor provide 1hc prova/\ing auppl_,
inclndll)g the premium riles tor overtime PlY, as detcnnlned by the Slate
Labor ~ in accordance wkh the Labo~LaIv.
7. NON-COLUI!IIVR BroDiNI': imoIIlRRMIl'......, .In accordi.nce
with Section 139-d of the State FInanCoaw, lfthis oontractwis 8Mnfed
based upon the..bmilaion of bids, ContractorWlllllnta,underpenalty of
porjlll'y, that ill bid was llrived Itlndopondcady and without collUllon
aimed It restricdng COIIIpOl/tion. Contractor further __ ~ at the
liino ConlraclDr-lUbmitted Its bid, an IIIlhorized and responsible peIlIOn
executed and cleIIwaed ll! the State a non...,lIl11ive bidding c:ert/1lCltion
on Contractor'a bcbaif '
8. INTERNAftONA.r. BOYCOTT PRORTRmON..1n ~
wkh SectIon 22IJ.l of 1hc Labor Law and ScotIon 13'-11 of tho State
Financci Law, iftbis contract excceda $5;000, the Contractor agrees, .. a
IIIlIlllriaI conc\lllon of the contract, !bat ncltber 1hc Ollu.tractor nor ati;y
IUbsIantis1iyowncd or affilla"'d peIlIOa, Iinn,partIlenblp orcorpu./Itlon
has per<lO/pIled, Irpartlcipstlug, or ahaU' partIcIpIte ill 8lllalatlldcmal
boycott invlolldoa ofdtofedcral BxportAdoUiatratlcmJ\<< of 1979 (50
use App. ,SoctlOlll 2401 et Ieq.) or nsulltlona therouoder. U IUAlh
Contraotor,orany.ofllte ~dalllll'lter of9oatraotor, "'CXlIl~or
. Is otberwilo found to havcv\olated IllclIaWII or nguIItlOlUl upon tho fiaW
dcteamination of the Uailed States Commerce Dcpew_ or any olber
appropriate agency of 1hc United Statoa lUblequeat to 1hc contraCton
cxecutlon, .lUch oontract, .......m...nt or modiIiosdOIl IheRto shall be
rendered forfeit and void. 'The Contractor abill ao ~ the State
CQmp1roller wit1Jln five (5) business days of 'such conviction,
dclermlnationor disposltinn oflppOa/ (2NY.0Ul. t05.4), .
9. . S~.oFl1 RIGHTS. no State IhaII have. all of Ies cOImtollllw,
cqukabloand Italutol)' rlshbr ofsct-oll: Thole rlshCll sIJa1linclude, but not'
be IImiled 10, the State's.optinn to withhold for lI1e PUIpOIea oflOl-otrany
niOnO)'l due ll! the Contractor under this contract up 10 IllY 1IlIOIIOI8 cIuo
and owing 10 Ute State wltbreprd to diIa contract, llIYod!orcoatractwldt
any State dCparlmeot or 1B'fIOY, IncIudiaIIlIY CCllIlrIIlt Ibr a llIm1
-olpg priGi'll! 1hc tennofthis oontract, plus any 8IIIOtIII1II clue lIIId
owing to 1hc State 1lir llIYotber l'08SOIIincludiog, wlChout IInitatIoa, IIX
delinquencies, fee dclInqUencles or DlOneCary peaallIeI relatiw thereto.
, .~
, .
, ,f
"
no Stale shall exercise its .et-offrights in accordance wlthnormal State
pIloti_lncludlng, In cases ofset.<>ffpursuant to an audit, the finalization
of such audit by the State agency, its representalives, or the State
Com,ltroller.
/
10. RECORDS. The Contractor .hallestablish and maintatn complete
and accurate books, records, documents" accounts and other evidence
directly pertillCllt .10 performance under this conti'aet (hereinafter,
collectively, "the Records"). The Records mu.t be kepi for the balance of
the calendaryear in which /hey were l1\8de and for six (6) additional years
thereafter. The State Comptroller, the Altorney General and any other
person or entity authoriud 10 conduct an examination, as well as the
agency or agencies Involved in this conlract,. shall have access 10 the
Reeordsdurlngnormal business hours at an office of the Connactorwithin
the Stale of New York or, if no such office is available, at a mutually
I/ireeabJe aud reasonable "enu~ within the State, for the term speolII~
Ibove.forthepwposea of inspection, auditing and copying. The Stateshall
lab reasonable steps to protect from public di",losure any of the Records
wIIicb are eXempt from disclosure under Section 87 of the PubllD OIIlcers
Law (the "Statute") provided that (I) the Contrsciorshall timely lnform an
Ipproprlate State official, In writing, thai said records .hould Dol be
disciosed; and (II) said records shall be .i.fficiently identified; and (ill)
cIeslgnation .of aald records as exempt under the Statute is reasonable.
Nothing contained herelu shall dlmlnlsb.. or in any way adversely affect.
1he Stale's righl ~ discovery In any pel!dill,i or fulurelilisallon.
II.' ~DENTIFYING INFORMATION AND PRIVACY
NOTIPICATlON. (8) 'JlBDBRAL BMPWYBR. D>BN11FICATION
NUMBER and/or JlBDBRAL SOCIAL SBCUlUTY NUMBBR.A11
iInoIces or Now York State lIIalIdard vouchers aubmilled fbrpaymenl for
theaale ofSOOda or services or the Jeaaeofreal or persoiW)iropeItyto a
.N. Yark State ll8=CY IJIUSIlnclude the payee'. identification number,
to., the aeller'. or lci8sclJ's Identific;ation nurnbe(. The number is either the .
JlIl)'OO's Federal employa- identification nulJlber or Federat.aoclaI8OCIIIity
~, or both audl nuIJlbero \Wen the'payee hao both audl numbers.
FaIlure to Include thI8 nUl\lberor numbers maydelaypayment Where the
pe)\le does nol have audl number or numb.... the payee, on its invoice or
. NelrYarkStalll8landard voucher, muatgive theRaSOn or reasons wI1lthe I
plIJeO dOllS not have 8Uch nwnber or nnmbeirs.
(b)I'RlVACYN011FICATION.(1) The authority to ~uest the above
penoDaJ lnformatJon from. seller of goods or services or a Ieasor otreal
or,persoaa1 ix'operty, and the authority to main(oln audl information, is
. .... in SocCIonS of the State Tax Law. Disclosl!lC of this information by
tho aellei' or Jeoaor to the SIlUe IsmandatolJl. The prlnqlpal purpose fOi
. wIdch lhe infimnadon Is collected is to enable the State to IdelitlJy
Wvidual8, bll8lne8seo and others who have been delinquent In IlIing tax
ntuma or may have unclerstatedthelr tax liabRlti.. and to generally
ilfealifYpeI'8OllI affected by the tax.. adminisle(ed by the Connnisaloner
CJf 'I'IxItion and l'Inarice. The hU'ormotion will be used tbr tax
_Iotntlon pwpOaes 'and for anyother purpose authorized by law.
. (2) TheJl<<lODallnformation ~ roquested b)' the purchasing unit of the
Ii-r eontractlng to purchase the gqods or services or I.... the real or
. ~ Jlll>II<<tr covered by this contract or. lease. The lnformotion is
nm/g"lnedInNeVi York State'. Central Accounting System by the
. i>Jreotor of Acoounling Oper1itiOnt Office of the Slate Comptroller,
. ABSOB, Albany, New York 12236.
12.ROn4J.EMPI.oYMENTOPPOR1llNITlESFORMlNORrl'll1..~
.;AND WOMEN . Inacicordance with Section 3120ftho Bxeoutlve Law,
Iftil 00I\Il'I<< Is: (l). writteri,as-nmt or purchase Older in8I(ument,
. pmIdIlls f.br . total ccpendlfuro In OXcelS of '25;000.00, whereby a
ClIIIlIIollngapnoylscocmdlled 10 expand or dOell expend lImd8ll1 retum
flJr 1ItJor, services, suppIi.., equipment, materialo or any comblnallon of
May 2003
A-2
the foregoing, to be performed for, . or rendered or fiIndmod 10 the
contractlng agency; or (ii) a written agreement in cxceia ofSloo,OOO.oo
whereby a contracting. agency Is commilled to oxpend or dooa 0XJlCIld
fundi for tho acquisition, construction, demolition, replaceJnont, 1lIl\l0r
repair or renovalion ofreal property and Imptovnmen!s thereon; or (Iii).
written agreement in excess ofSIOO,OOO.OO whereby tho ownerofa Slate
assisted bO\l8in,g proJect.i. commilled to expend or does expelId funds for
the acquisition, construction, demolition, replacement, IlIl\lct repali' or
renovation of real property and improvements thereon for .uch project,
then:
(
(a) The.Connactor will nol discriminate against employees or applicants
for employment becauso. of race, creed, color, D8tlonal origin, sex, age,
disability or roaritalstatus, and will undertake or continue existing
programo ofalfirmatlve action to. ensure that minority group ll1CDIhetsand
women are afforded equal employment' opportunltieo without
discrlmination. Aftlrmative action shaI! mean rcciultment, ellf\oymenl,
job 8S8/gnmont, promotion, upgradlngo, c1emotion, lran8fer, Iayo~ or
tenninatlon and riles ofpIY or other tbrma of compensation;
(b) at the requesl of the conlractlng agency, the Connactor 8haII requesl
esch employment agency, labor union, or authorized RlpI'e8CIItative of
workera with which it baa a collective bargaining or other ll8fCCIJUlDI or
Uilderstandins.. to llunlsh a written atatemonl that such <<qlloyini:nl
agency,labor uniOD or tepresentative will not disnriminate on iii basis of
race, c:reecI, color, D8tlonal origin,...,., age, disiblIity or IIlllriIilllalu8and
that audl. union or repreaentative wiD ~ coopenale in the
implnmentstion of the conlr8ctoJ'. obJigatlons herein; and .
(c) the Contractor ahaII 8late, in alt 8OliCilations or adYettiscmeuts for
employees, that, in tho performance of tho State conlract, aU qualilled
oppIlcanIlI wiD be afforded eqnal emplO)'lll<nt opportuoltieo yrilhout
discrilDlnation because of nsce, <;<oed, color, Datlonal orig/D, sex, age,
disability or'roaritaImtuS. .
Contractor wiD include the provlslODl of".. "b", and 'c" above, in-r
8UbcontrsctoverS2S,OOO.OOfortheconstruction,demoJitlon. repl__~.
maJor 1qI8ir, RaOvalion. PIImnI!Is or ~ of Ie8I .property and
lmj>rowmema thereon (the "Work.") cxcopt 'Where the Wade is for the
beneIlcIa1 use oftheConlnctot. SocCIon 3'12c1oc8 not~to: (/) _
goods or aervIceS iIDrcIaled 10 this contract; or (II) emplO}llllCllt outside
NewYodcSla!e: or (IIi) b8atiag1Cl'vices, Iu8unince pollc:iea orthe 881e of
aeeuritl... The State 8haII COII8Ider COIqlIlanoe by . 00IIIract0r or
, 8Ubcontr1ctor with the ~ulremenls ofany 1icd0Cll1aw llOIlCC8IIing equal
cmplO)'lllOlltop)lOl1unltywhlChom.et.ll.teilheJlUl1lOacofthl88OCt1on. The
connacting agency 8haII cIeflllmIno 'Whether lhe impoaitioD of the.
requlremenlll of the provlslonahereof duplicate orconllict with any ~
1icdera1law and If 8Ueb duplication or 'coatllct oxial8, the CllIlII1Ict/ng
agency 8haII WllivO the app1lcabitityofSectlon 312 to tbo extent ofaudl
dupJicatlon or con1Ilct. GllntractorwiJl ~Iywith all dulypl'Oll1Ulpted
and Iawfld rul.. ind regu/8dona of tho Oovemor'. omce ofMinority and
Women'. BU8Il1... Devdoprilellt pertaining hereto. '
13. CONl1LICJlNG TERMs, In lhe event of a conIllct ~ the
terms of lite contnu:t(lncludlngany and all atlIchmenlll thll1lto llnd
amendmen1s thereof) and the teams of lhi. Appendix A, the terms of this
Appendix A shall conlrol.
14. GOVERNING LAW. This connact shaH be governed by the Iawa
of theStalll of New York except where the Federal 8IIp1'OIIIacy clause
requires othetwlse. '.
. ,
!',' .
:'
IS. ,lATE PAYMENT. TimeUness of payment and any interest 10 be
'paid 10 Contracfor-Cor late payment ,shall be llovenied by Article II-A of
the State Finance Law to the extent'required by law.
16. NO ARBITRATION. Dispules involving this'contract, including the
bleach or alleged breaoh thereof; may not be submitted to binding
arbitration (except where stlitulorily authorized), but musI, instead"be
heard In a court of competenl jurisdiction of Ihe Stale of New York.
17. SERVICE OF PROCESS. .In addilion to the methods of service
allowed by Ihe State Civil Practice Law & Rules ("CPLR'), Contractor
hereby consents to service of process upon it by registered or certified
mail, return receipt requested. Service hereunder sholl be complete upon
Contractor's actual receipt of process 01: upon the State's receipt of the
retum Ihereof by the United States Postal Service as refused or
undeliverable. Contractor must promptly nolifY the State, in wrlting,of
lisdt and every change of address 10 which service of proceSs can be made.
$<<vice by the Stale 10 the lasl Ienown 'address sha\1 be sufficient
Contractor will have thirty (30) calendal: dayi after service berelUlder is
complete in which,!o respond.
18., PROHIBITION ON PURCHASE OF' TROPICAL
HARDWOODS. The Contractor artlfies and Warrants that a\1 wood
p-odl!ets 10 be used under this conlnd aWard will be in accordance with,
but nollimlled 10, Ibe speeificatlonund provisions of State Finance Law
fIGS. (l1se of Tropical Hanlwoods) whIclr probibits purchase and use of
inplcallw1lwClOds, u~ speelfically exempted, by the State or IDY
sovemmencalaaeftcyorpoUdcalsubdivision orpubUebenefitCOlpOlllllon.
Qualiflestion fllr ID exemption under Ibis law wi\1 be the nsponst'blUtyof
.Ihe con_1o estabJisb to meet with th,e approval oflbe State.
ill addition, wlu:o my portion of this contract involving the use ofwoods,
wlIether supply or lnstaIIation, is to be perConned by anY subcontraclor, '
the prime Contractorwin lndiC8lelDd certifYin thesubmltled bidpmposol
Chat the subeoacIlICb.{ bas been lnfbnned sod ill ia oompIlance with
l)IOClI1lestions ODd pmvisions regarding. Use of ll'opical banlwoods ..
'cIcalled la fIGS ScatO'Fiuallce Law. Any such use ,_ moet with the
lpJll'Ovaloftho StsIe, otbcswlse, the bid maynotbeconsldered~ ,
lWer bidder cedlftcaliOns, proof of quaWlcation tbr exemption wiD be
theresponslbOity oftheCon_1o meet with thelpprovol of the State.
, 1'~MACBRmEI1AiREMPLOYMENTPRINCIPLII.'l.InICCOldanoe
with the MacBrIcIe Fair BmpIoymeat Pdnoiples (OuIpt<<i07 of the J.awo '
ofl992), thepo.unctorl!<<ebystipulates1ll8ttheContradurCilh<<(a) bas
IlO bU8lness opa<<tivwlln Northom fRIand, or (b) Iha\1lab Iawtld steps
In good 61ith to conduClIllY business opemlloDS in NorthomJreland in
liccordance with the MacBrldo Filr Bmploymonl Prindples (is d~
In Section 16S of the Now York State Finance Law). ODd sIWl permit '
'Iadependent Il:lOllUorlng of complisnce wi!h such principles.
20. . OMNIBUS PRoctIREMII.NT ACJ' OF 1992. It Is ~ policy of
New Yark sWe lei maximize opportunities for the particlpallon ,of New
, ,Yolle Slate. busin... enlelprises, Includlag minority and wodIen'1l\'llled
lJusIness enterprises ..' bidders, subcontractors sod suppUers on its
~COIltriets.
lIIfonnalion on the swllabilltyof New York SIaie subcontra<<ors sod
suppliers is available from:
NYS ()epartmllat ofBoonornlc Development
DlvlllOll filr SmsD Business
30 SouIh p'-, Street, ,.. floor
AlbIllY, Now Yode 12245
$18-292-5220
May 2003
A~3 '
A directory of certified minority and women-owoed business enlerprises
Is available from:
NYS Department ofBconomic Development .
Minority and Women's Business Development Division
30 South Pesd Street, 2" floor '
Albany, New York 12245
http://www.ernj>ire.state.ny.us
The ODUlibus Procurement Act of 1992 requires that by signing this bid
proposal or contract, as sppllcable, 'contractors certifY thstwhenever the
local bid amounlls greater thsn $1 milllon:
(a) The Contractor has made reasonable efforts 10 eIl,ourage the
partielpstion of New York State Busla... Bnlelprises as suppll~ and
sUbcontraclors, including certified minority and women-owned business
enterprises, on this project, and bas retnined the documentstlon, ofth_ '
'efforts 10 be provided upon request 10 the State; ,
(b) The Contractor has complied with the Federol Bqual Opportunity Act
of 1972 (p.L. 92-261), as amended; ,
, (c) The Contractor agrees 10 ~e reasonable efforts 10 prqvlde
notlficatlon 10 New York State resld..its of .....Ioymont oJlllOftllllltfes on,
this projeet throush Ilsting any such positions wJth the lob Service
~OD of the New YorIc State Oepartrnent ofLabet, or provldillg such
notlflcation in such manner as is ociasistent with, ~ coIIeetive
barga1nlng conllacts or aar-es. Tho Contractor aar- ~ d..w-t
these efforts sod 10 provide said documentstion 10 theS1at4; IIJ10II reqUest;
'and
(d) The Contractor acknowledges notioe that the State may seeIc to oblllin
ofIllet,credits ftom filrelsn OQuntries as aresul~ oftliis con_and "8fee&
to c:ooperalIl with the State la th_ eft'orts.
21. RECIPROCITY AND SANCJ'IONS PROVISIONS. BiddenI are
Iierehy notified that If their pdnclpal place of business is Ioc:ated in a
counlly, nation,~, _<<political suIidivisloa lhatpenaJiDsN_
Yodc State wndora., ODd if tho goods or servloes thcly ..... wlIIbe
substantiaUyproduced CIl'pclfllt'htod ollll!ideNewYorlcStalD, tlleOadbus
Pi'ocureml:otAct 11194 """""'- and 2000 -,,-,. (0Ia&*s' 684
sod <lIapCa' 3g3l'llS(leCliw1y)equ/Rthatthoyl!e~ ~ which
thcly would otherwise obtain. NO'IB: All of May IS. ~ die list of
dlsc:rlminatotyjurisdicclou subJeet to this pNv/IIoo lncIudeitho8tates C!1'
South Carollna;AIasb, West \'h1ilIfa, WyosniDg, LoUisian&Jndlfa!9all.
CoIltsctNYS ~ofBoonornlc D~tbr aCanmt list of
jurfsdlctions subJ~ 10 diIs provision. ,.'
22. PllJlCHA8l18 01 APr,tRRl.In*'COldance withStsle FilIance,
Law 162 (.....). the State IhilI not JllIl'ChaIe anYspparol ft'OmmywncIor
unable or unwIlllng to eertilY tbal: (I) such spparol W8S ,_u&ecumfin
compllince 1I'ith .dJapj>Ilcable ~ ODd occupational life>>' laws,
including, but not'limited to,chIId labor laws, WIIge and lIourslaws IIld ,
Woltplace 88fety laws, and (li) vendor wlIIlUpply, with ill blcI (or,ifnot
a bid lituadoa, prior loor at btirne ofsl&nlnga 00Dtract wIlh the StIto),
iflcnown, the 11IIIII08 sod adchsaes ofead11i1beontraotOr sod . list of'all
-ufiICturIng plants to be utiliZed by the bidder.
~
"
APPENDIX Al
Age!JoY-Specific Clauses
I. This Agreement has been ep.tered into pursuant to the following understandings:
.
. '.
.
A Title 11 of the Environmental ProtectiqnFundActprovides.for State assistance to municipalities forthe
State share of the cost of approved local waterfront revitalization projects as defined in the Act. .
B. The Department is authorized by such Act to evaluate an<l determine eligibility of applications for
funding of projects. . .
C. Based upon information, representations and certifications contained in Contrsctor's application for
funding, including. the Work Program as set forth in Appendix D, the Department haS made a
detennination of eligibility of funding for Contraotor's project'under such Act.
D. State funds (Funding Arnountset forth on the Face Page) for this Project (Appendix D Program
Workplan) are provided pursuant to a reappropriation of fimds originally made by Title 11 of the
Environmental Protection Fund Act.
E. The Contractor has demonstrated its ability to finance its share of the Project and has agreed to fimd its
portion of the cost of the Project. r
II. General
A. For dle purposes ofthis.Agreen1ent,dle terQls "State" and "Department" are interchangeable, unless the
context requires otherwise.
. B. The contract period as set forth on dle Face Page is dle inclusive period .within which dle provisiOllB of
this Agreement shall be performed.
C. No liabilities are to be incurred beyond the termination date and rio costs will be reimbursed for such
liabilities unless: 1) funds have been reap~ opliated for dle Project in dlesubsequent State fiscal year,
2) d1e Department detCimines tliat it is in the best interest. of dle Department aild the State to provide
additional time to complete dleProject and 3) aU extellSion agreement is approved in accordance with .
SectionlA. of the Agreement. . .
\
D. SUbject to the. availability offimds, determination by the J)epartmentthat it is in dle hest interest of the
. . State, and upon mutual written consent ofdle parties, dle Multi-Year Term of this Agreement may be
extended by up to two Contrsct Periods not to exceed twelve months each.
E; The Department shall not be liable (or CXJlCIllles of any kind incurred in excess of the State Funds as Set.
forth oIi dle. Face Page, and shall not be responsible for seeking additi\?1)8l appropriatiOll8 or. other .
sources of fimds for dle Project. .
. - F. . The Con~r shall perfonn all services to d!e satisfactilll) of the Department. The Contractor shall
provide all services andmect the prograni objectives described in Appendix D in accordance with:
. provjsionS of this Agreement; relevant State, fedCf81 and local laws, rules and regulations, adminilltrative .
and fiscal guidelines;.where applicable, operating certificates for facilities or licenSes for an activity or
program, and conditiollB of applicable permits, administrstive orders andjlJdioial orders.
G. The Contractor shall submit with its request for final ~yment a Final ~ject Summary Report in the
format described in Appendix AI, Attachment 1 and Measurable Results Forms, such forms to be
provided Con~ctor by the Deplll'tment.
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H. The Contractor agrees to proceed expeditiously with the Project and to complete the Project in
accordance with the timetable set forth in the W orkplan (Appendix D) as well as with the conditions of
any applicable pennits, administrative orders, or judicial orders and this Agreement.
I. The Department"m provide Contractor with a Ouarterlv Contraotor Report (Appendix A 1, Attachment
. 2) pursuant to the Department's Minority andWomen-owned Business Enterprises Program. In the event
Contractor utilius Minority and W omen-ownedBusiness Enterprises as discussed in Section XIV in
Appendix AI, such report shall be provided to the Department at the address on the Qusrterly Contractor
Report.
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J. The Contractor shall submit two copies oh "Project Status Report" (AppendixAI, Attachment 3) on
a six month basis for the periods ending June 30 December 31. ReportS are due no later than 30 days
following the end of each reporting penod,
'm. Additional Requirements for Constructio~ PtlUects
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A Project design, including preparation of final plans and specifications, and supervision of consfruction
shall be undertaken by a qualified architect and/or engineer licensed to practice in the State ofNew York.
The Contractor shall submit final plans and specifioations to the Department for its acceptance before
initiating construction worle or, if the Contractor intends to subcontraot for consttuction worlc, before the
wotk is advertisl'.d for bidding. No change to project plans may be made without the prior written
. approval of the Department. The.Contrlictor shall also be responsible forcrectini a project sign
satisfactory to the Department identifYing the Project. The project sign shall remain in place fo(the
useful!ife.ofthe improvementsundertakmpursuant to this ~t. Upon completion of the Project,
the Contractor Shall submit to the Departmenta proper certification from a licensed architect or engineer.
B. Agreements for Construction in excess of twenty thouaand dollara ($20,000) shall be awai:ded after and
in acCC?fdance with competitive bidding requirements of the Qeneral Municipal Law. A certified copy
of a sllIlllllllIy of all bids shall be submitted to the Department prior to awarding the A8!'eemen~ and all
executed copy ofthecollStruction contract will th~ be submitted to the Department.
C. All purohase confracts involving an eXpenditure of mare than ten thousand dollars ($10,000) sba11 be
awarded.tothe lowest bidder ftun;.h/1\g the required security aftec advertisement for sealed bids in the
manner provided for in section 103 of the General :Mmdoipal La~. '
D. The State shall m&ke periodic inspections of the project'both dudDg its imPlementation aD.d a&r its .
' oo1q)letion to assure complianeewith this~ent: TheContractor shallallowthe Stale unrestricted r'
access fc;I wotk during the preparation and pro~ of theworlc, and provido for such access and
inspection by the State in all cOnstruction .contraots relating to the project. ...
E. Th,e Contractor shall be TespoDBlole for assuring that the project is designed and constructed in
C()nfonnance with the Unifonn Federal Accessibility Standards (UFAS - Appendix Ato 41 CRF part
101-19 .6);the AmeriCans withDisabilities Act AocessibititY Guidelines (ADAAG- Appendix A ofTitlc
9 NYCRR). Where there are disctepancies lUII.ODg the .eta ofBllindards with regarcf to apdcular .
designJconstruction requuemel1t, the one providing for the greatest degree of acoommodatlon for the
disabled shall apply. .
F. It is the Confractor's responstbility, J;lursuant 19. Section 57 of the Wotkers' Compensation Law, to
maintain for State aUdit and review either )H,'OOfthat theyhave W orlcers' CompensaCi.on coverage fOl' any
employees, or a wavier statement from the New Yotk State Department of Labor. The Contraotormust
also obtain ftom. any confractor or sub-confractor hired to provide a service J1Um,Iant to lhii:Agreemcnt,
similar proof 01' waiver from the contraotor Or S\lbcotttractor, and must ma/ntll/n such documentation on
tile for audit. .
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. IV. Reports. Documeil.ts and MlIPs
The Contractor shall, where appropriate, identify documents, reports, and maps produced in whllle orin part .
under this Agreement by endorsing on said documents, reports, and maps the following: .
"This (document, report, map, etc.) was prepared for the New York State Department of State .
with funds provided under Title II of the Environmental Protection l"und Act..
V. License to use and reproduce documents and other works:
By IIcceptance of thiil Agreement, Contrnctor transfers to the Department II nonexclusive license to use,
. reproduce in any medium, and distribute any work prepared for or in connection with the Project, including
but not limited to reports, maps, designs, plans, lII1ll;lysis, and documents regardless of the medium in whioh
they are originally produced. Contractor warrants to the Department that it has sufficient title or interest in
'such works to licens'~ pursuant to this Agreement Such warranty shall survive the termination of this
agreement Con1ractor agreC:s to provide. the original of each such work, or a copy thereof which is.
". acceptable to the Department, to the Department before payments shall be made .under this Agreement.
V1 Con1ractol'R Insurance Requirements'
A. Prior to the commencement of the Work, the Con1ractor shall file with the Department of State, Division
of Coastal Resources, Certifioates of Insurance evidenoing compliance with all ~ts contained .
in this Agreement. Such Certificate shall be of form and SUbstance acceptable to the Department.
B. Acceptance and/orapproVal by the Department does not and shall not be construed to relieve Contrsctor
. of any obligations" responsibilities or liabilities under jhe Agreement .
C. Allinsllr!lI1ce required by the Agreement.shall be obtained at the sole cost and expeose of the Contractor;
sball be IlIAinlllined with insurance carriers licensed to do blJsiness in New Y liIk State; shall be primary
. and non-contributi~ to anyinsurance Or selfinsurancemaintllined by the Department; shall be endorsed
to provide written notice be given to the Department, at least thirty (30) days prior to the cancellation,
non-renCWlll, or material alteration of such Policies, which notice, evidenced byretumreceipt ofUuited
States Certified Mail whioh shall be sent. to New York State DePartment of State, 41 State S1reet,
Albany, New York 1;l23I:0001; and shall name the People of the State of New YliIkand theirdireotors
officers, agents, and 'employees as additional ~ thereunder. .
D. The Contrnctor shall be solely responsible for the payment of all deductibles to which such policies arc .
subject .
E: Each insurance carrier must be rated at least "A" Class "W" in the most recently published Best's
InsIinincelteport if, during the term of the policy, a Oarrier's rating faI1s below "A, Class "Vll", the
insurance mu.st be replaced no later than the renewal date of the policy With aD. ~ acceptable to the
Department and rated at least "A" Class "VII" in the most recentlY. published Best's Insurance Report
F. The Contrnotor shall cause all insurance to be in full force and effect as of the date of this A8reement
. and to remain in full force and effect thrOughout the term of this Agreement and as futtbei. required by
. this Agreement The Contractor shall not take anyaotion, or limit to take any action that would suspend
or invalidate any. of the required coverages during the period of time s\lOh cO'Verages are rei)uired to be
in effect .
G. Not less than thirty (30rdays prior to the expiration date or renewal date, the ConlraQtor sbaI1 supply the
Department updated replacement Certificates ofInsuiance,llJl,d amendatory enclotsetneirts.
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H. Unless the Contractor self.insured, Contractor shall, throughout the term of the Agreement or 86
'otherwise required by this Agreement, obtain and maintain in full force and effect the fonowing
insurance with limits not less than those described belowaild 86 required by the terms of this Agreem~t,
or as required by law, whichever is greate~ (limits may be provided through a combination of primary
and umbrella!ex(:ess policies). Where Contractor is self-insured, Contractor shall proVide suitable
evidence of such to the Department relating to the risks and coverage amounts 86 provided herelDlder.
I. Comprehensive Liability Insurance with a limit of not less than $1,000,000 each occurrence. Such
liability shall be written on the Insurance Service Office's (ISO) occurrence form CG 00 01, or a
substitute form providing equivalent coverages aild shall cover liability arising from preinises
operations, independent contractors, productsoCompleted operations, broad form property damage,
personal & advertising injury, owners & contractors protective; crossllability coverage, liability
assumed in a contract (including the tort liability of another 86Sumed in a contract) and explosion,
collapse & underground coverage. .
a. If such insurance COl\tains an aggregate limit, it shall apply separately to this location.
b. Products :and Completed Operations coverage shall include a provision that coverage will extend
for a period of at least twelve (12) months from the date of final Completion and. acoeptance by.
the owner of all of Contractors Worle..
2. Where the Project described in Appendix D includes the construction of any stru~ or building,
a Builder's Risk Policy until the Project is completed and acoepted in the-amolDlt of the total project
cost
3. Wor!alrs Compe!1Slltion, EmployersLiability, andDisabilityBenc1lts 86requm,dby New Y orkState. .
Workers CoinpensationPolicy shaUinciUdethe U.S. Longshore&HlirborWorkers'Compensation
Act endorsement.
'4: Comprehenshre Automobile Liability Insurance with a limit of not less than $1,000,000 each
. accident. Such insurance shall cover liability arising out ofany automobile including owned, leased,
hired and non owned automobiles.
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S. CO~ercial Property:InsuranCe covering at a m;:';im'lm, the perils insured under the ISO Special
Qauses of LQss ForIll (CP 10 30), Or a substitute form ptQViding equivalent ClOvetages, for loss or
damage to any owned, borrowed, leased or rented oapltal equipment, tools, incl1!ding tools oflhclr
agents and employees, staging towers and forms, atld property of DOS held in their care, custodY
and/or control.
6. An Owner's Protective Llablllty Polley with limits no less than $1,000,000 in the name of the
ContractOr.
. LThe Contractor shall requlfe that any subcontractors hired, carry insurance with the same limits and
provisions provided herein.
1. Profe$slonal consultants retained by the ContrilCtor inoonneotion with the Project shall show evidence
ofprofesslonalliabillty insurance with limits no less than $1 million.
vn. ~
A. Pursuant to the provisions set forth in Seotion V,page3 ofthlsAgreement, the ownersldpofalll>>"OFY
described therein shall rts.ldewith the Contractor unless othcnvIse speoitied in writing by the
Department at any time during the term of this Asreer;nentand up to thirty (30) days following the
issuance of the tinal payment.
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B. Contractor warrants th~t it has fee simple or such other estate or interest in the site of the Project, where
the Project is undertaken at a site, including easements and lor rights -of . way sufficient to tssure
undisturbed use and possession for the purposes of construction and operation for the estimated life of
the Project. Contractor further acknowledges that where such Project is undertaken 01\ or involves the
use ofIands for active or passive recreational use, it is a material term of this Agreement that such lands
shall be available for such recreational use by the People ofthe.$tate of New York. Additionally,
Contractor shalI not limit access or discriminate on the operation of the facilities against any person on
the basis of place of residence, race, creed, color, national origin, sex, age, disability or marital status.
vm. . Datelfime Wafranty .
A Contractor warrants that Product(s) furnished pursuant to this Conlract shall, when used in accordance
with the l'roduct documentation, be able to accurately process date/time data (including, but not limited
to, calculating, comparing, and sequencing) tninsitions, 'including leap year calculations.. Where a
Contractor proposes or an acquisition requires that specific Products riwst p~orm as a package or
system, this warranty shalI apply to the Products asa system.
B. Where Contractor is providing ongoing services, including but not limited to: i) co~ulting, integration,
code or data conversion, ii) maintenance orsupport services, iii) data entry or piOcessing, or iv) contract
adininistration services (e.g. billing, invoicing,ctaIm processing), Contractor warrants thiltseivioes Shatt
be provided in an lUxmrate and ~y manner without intemJption, tiliIure or CII'Or due to the inacauracy
of Contractor's business operations in processing date1tlme data (mcluding, but not limited to,
calculating, comparing, and sequencing) various dateItime transitions, including leap year calcuIations.
ContraCtor sbaItbe responsible for danIa~ resulting froni any delays, errors or untimely performance
resulting there frOm, including but riot limited to the failure or Wltimely performanCe of such serricCs.
~. This Date/I'im.e Warranty shaIlsurvive beyoD.d ~tion or ex,piration of this Contract through: a)
ninety (90) days or b) the Contractor's or Product manufilCturerldeve1oper's stated date/time warranty
term, whichever is longer. Nothing in this warranty statement IIha11 be construed to limit any rights or
reniedies otherwise available under this Contract for breacli of WIrraIlty.
IX. &a
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The Contractor may charge a reasonaJ>le. fee for the use of any 1iwility which. is part of the project.
A Except for the imposition of adifferentia1 fee schedule for non-residents of the municipality in whioh
the projectis located, the estab~t of anypreferential user feeror anyperson or entity isprohibited.
Fees charged to non-i'cSidents shall 1!-ot exceed twice those charged to residents.
B. . Where there is no charge for residents but a fee is oharged to non'i'Csidents, non-resident.fees cannot.
exceed fees charged for residents at comparable State or local public faciliti<<l:
C. Reservation, membership or annual permit systems available to residents must also be available to non. .
residents and the periodofavaililbility must be the same for both residents and non-residents.
D. This provision dO<<l not apply to non-residents fishing and hunting license fees.
X. Alienation
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Where the Project is WldeJ:ialcen on or involvesparklands; the following additional provisions apply:
A. The Contractor shall not at any time sell or convey any facility 91' any portion of the Projectaoquired or
. developed pursuantto this Agreement or convert such facility or any portiCl!1 of the Project to other than .
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XI,
Tenninations
A. In addition to any other 'jIctions authorized by this Agreement, the Department may terminate the
Agreement in the best interests of the State of New York by providing written notice to the Contractor
as provided in this Agreement
B. The Contractor shall complete the project as set forth in this Agreement, and failure to render satisfactory"
progress or to complete the project to the satisfaction of the State may be deemed an abandonment of
the project l!l1d may cause the suspension or termination of any obligation oftheBtate. In the event the
Contractor should be deemed to have abandoned the project for any reason or cause other than a national
emergency or an Act of Ood, aU moni~ paid to the Contractor by the State and not "eXPended in "
accordance with this A.greement shall be repaid to the State upon demand. If such monies are not repaid
within one year after such demand, the State Comptroller of the" State of New York may cause to be
withheld from any State assistance to which the Contractor would otherwise be entitled an amount eql.al
to the monies demanded.
C. In the event titat the Department has provided written notice to !:he" Contractor directing. that the
Contractor corre<,t any failure"to comply with this Agreement, the Department reserves *e right to direct
that die Contractor suspend all work during a period" of time to be determined by the Pevartment If the.
"Contractor does not correct suob fitilures dwing the period provided for in the notice, this Agreement
shall be deemed to be terminated after eXpiration of such time period. During any such"suspension, the
Contractor agrees not to incur any new obligiltions after receipt of the notice withOut approval by the
" Department. .
XII. . SuIioontractinll Req)ti~ts
A. The Contractor may su\>contract for all or any portion of the activities covered by this Agreement as
" provided for in Appendix D, subject to prior written approval by the Department of any subcontractor
and the terms of any subcontract . "
xin. Comnliance with ~P.nt ReolliretMnhl
,
A. All contracts by municipalities forprofessionaI services, all contracts for conatructioninYOlvingnotmore
thanS20,ooO andall purchasecontractll involvingnotmore~ $10,000 81'C subject to therequiI'Clnents
of General MllI1icipal Law 1104-b, whiohrequires such contract8to comply with the pl'OOIIl'eDlentpolicies
and procedures of the municiPaIity involm. All such contracts sbaI1be lIWlI1'dIId . and in"
accord8nce with such municipal procedures, subject to any additional requirements imposed by the.
STATE as set forth in Appendix D hereof: "
B. The municipal attorney, ohieflegalofficer orflnancial adininistrator of the CONTRAcroRshaU certify
to the Pepartment" of State that applicable publio bidding prooedtJr!l8 of ~eral Munioipal Law ~ 103
" were followed for all construotion ooiltracts involving more than $20,000 and more than $10,000 for
purohasecotltracts. In the case ofoonstruotionooiltraots involving not II;1OrC than $20,000, p~
contracts involving not "more than $10,000, and contracts for professional services, the municipal
attorney, chieflegal officer orfinancial administrator shall certify that the procedures ofthemunioipaUty
established pursuant to Gelieral Munioipal Law f 104-b were fbllyoompliedwith. "
"
XIV. Reauirements for Conlllot 01$ Products (2101)
"" A.OENERAL MAP PRODUCT REQUIREMENTS -The following general C81:'tographio requirements
" must be adhered to by the c;ont:raotOr:
"
'1. Map Products - The Division requires delivety of digitalli1ap products, unless otherwise specified
in the Request for Proposal (RFP), that meet the specifications outlined in this OBNBRAL MAP
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attorney, chieflegal officer or fmancial administrator sha1\ cemfythat the procedures of the municipality
established pursuant to General Municipal Law ~ 104-b were fully complied with.
:XIV, R.eouirements for Contract GIS Products (2/04)
A.' GENERAL MAP PRODUCT REQUIREMENTS - The fo1\owing general cartographic requirements
must be adhered to by the Contractor: .' . '
1. Map Products - The Division requires delivery of digital map products, unless otherwise specified
in the Request for Proposal (RFP), that meet the specifications outlined in this GENERAL MAP
PRODUCTRE(>UlREMENTS section and the tIDDffIONAL DIGITAL CARTOGRAPIDCFILE
REQUIREMENTS 'section. . If analog milp products are required by 1he.RFP, they must meet
specifications outlined in this GENERAL MAP PRODU~ REQUIREMENTS section and the . .
ADDmONAL DIGITAL-READY MAP PRODUCT REQtJlRBMENTs section.
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2. D,eliverable Format ~ All digital map and attribute table files must be provided inMapJnfo Tab file
format on Recordable CD or DVD, 3.5" floppy diskette media, extema1 hard.drive, via e..nuul
attaclunent (preferably in a. WinZlP file) or downlolldable from an ftp siie on the Jntemet
Alternatively, t!j.e digital productS may be provided inAroJnfolOIS export format (.eOO) or AroView.
shape file format on the same medl& types upon approval of the Division. All othec digital formats
require prior approval of the Di~on; Coordinstiori with the Division prior to submission of digital
media' is required to ensure compatibility of the delivered ~a1s.
3. DocumentatioDI -'- A data dictionary must be included along with the map files describing file
contents and file names, as well as metadata for C,lich file including map projection, horizontal and
vertical datums used, coordinate system, RMS accuracy and log sheet, information SOUl'QeS and
. dates, the map maker and date. of preparation, and creation methodology. . Data prOvided under
federal fun~ must be provided in a '"""'1erwhichmeetsDigital Oeospatia1 Federal Geographic Data
. cOmmitteeMetad4taStandardasClll:ecutedbyExecutiveOrderI2906,AprilII.1994, "Coordinating
Geographic Data Acquisition and ACcess: theNational BPatiaIData Jnfrastruoture".
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4. Map Accuracy.- Unless oth~ stl\~ in the R.FP, all dclivCfllble map prOductB mustconfmn to
National Map AccuracyStanc:iards for horizonta1 aild vertical acc~y as established by1he United
. States. Bureau of the Budget, 1une 10, 1941; revised 1une 17, 1947. ForClll:ample,formaps at.
1:20,000 or smaller,'not more thaqlOOA. of the well-defined map points.tested must be more than
.1150 inch (0508 mm) out of COIrect position. At 1:24,000, this tolerance translates to a required
hOriZontal accw'8cy of 40 feet IfbypriOf agi'eement With 1he Division the map product 40es not
conform to National Map ACCUIlIOy Standards, then a.statement of actual map accuracy should be
included in the Documentation above. ~ermore,hydrographicsurveys aildmapsshouldconfoJ:ln
to recommended accuracy stanilarilproposed in the joint USGS, NOS, Coastal Mll\?1linll'RlJ11dhnnk
1918, Melvin Ellis editor, U.S.: Govemment Printing Office, Appendix 6.
5. Datums - UnlCSli otherwise specified in theRFP, all map products should JJe referenced to 1he North
American Horizontal Datum of 1983 (NAD83) and the National Geodetic VertiClll Datum of 1988
(NOVD88). . . .
B. ADDmONALDIOITAL CARTOGRAPIDCFlLEREQUlREMENTS_ The following cartographic
oonstruction requirements must be adhered to by the Contractor:
I. Edge-rnatching - All map sheets must be both visually ~d coordinate edge-rnatohed with adjacent
map sheets. Nq rAge-match tolerance will be allowed. Attributes for splitable features must also
be identical. .
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2. Conunon Boundaries "- All features that share a common boundary, regardless ofll\9.p layer, must.
have ,exactly the same coordinate position of that feature in all common layers.
3. Point Duplication. -- No duplication of points that occur within a data string is pennitted.
4.' Connectivity -- Where graphic elements visually meet, they must also digitally meet. All
confluences of'line and polygon data must be exact; "overshoots", "undershoots", "slivers", or
"offshoots" lire NOT pennitted.
.
. 5. Line Quality - A high quality cartographic appearance must be achieved. Tl'81)IlitiollS fromSlraight
lines to curvilinear elements must be smooth, with angwar inflections at the point of intersection.'
The -digital representation must not Qontain extraneous data at a non visible level. There should be
. no jags, hooks, or zero length segments. Any lines that are straight, or should be straight, should be
digitized using only two points 'that represent the beginning and ending points of the line.
6. Polygon Closure -For areil features being digitized, the last coordinate pair must be exactly
(mathematically) equal to the first coordinate pair. No liQe or polygon must cross itself except to
l join at an actualoonfluence. All digitized features across map boundaries must be edited to effect
smooth and continuous lines. . .
.7. . Graphic Precision - Positional coordinates for all digital graphic elements should not be reportql
to a level of precision greater tIian one thousail.dth (.091) ofa foot. '
8. Digitizer Accurally - The required RMS error for digitizer accuracy must be 0.003 or better for
' digital map registration. '
c. ADDmONALDIGITAL-READYMAPPRODUCTREQUlREMHNTS-"- Thefollowjngrequiremcnts
forlarge scale, non-digital map products must befoUowed to fiIOllifate the futllre-conVlll'8ion oithe maps
to digital map products. AIl large forniat, non.,digital map products must be provided on stable base
material at a seale ,stipulated in the RFP" The map products must include an index map to aU map sheets
and thorough descriptions of alIthe.cartographic elements portrayed on the maps.
1. Base Map Media - All maps.must be created' on mylar or othct.stable base material.
2. Map Scale - All maps of a Similar series should be created 1,lBlng the. ~ base scale. Unless
, otherWise stated by the Division, all UJaPs should be compiled at I :24,000. If other map scales are
approved by the Division, Whenl possible they wi1I conform to standard IlliIp scales such as 1:9600;
1:50,000; 1:75,,000; or 1:100,000. .
3: Map Registration - The maps mustp~vide a min/mumoffolD' (4) comer and four (4) in~ortic1is
tied to USGSINYSDOT qualbngle LatlLong or NYlM coordinates. . The mapS' must be
geometrically C)orrect and should register. When overlaid on the appropriate USGSINYSDOT
quadrangle contfol'ticks. .
4. Map Title an<l Legend - The maps must provide a title and legend block descn'bing the information
contained on the maps. and including the DocWnenfation and Datums information requested in the
GENERAL MAP PRODUcr REQUlREMBNTs above snd the map scale.
.' 5. c8rt0graphic Quality - The quality of all map line work and sym1io1izatio,n must conforin to items
I . 6 in the inap criteria set forth in the ADDmONAL DIGITAL CARTOGRAPmc FILE
RBQUlREMBNTs section outlined aboVe. .
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D. CONTRACT DATABASE STANDARDS
I. Delivery Media - All database and tabular files must be provided on digital media as specified
above in Deliverable Formal
2. Software Format - Database and tabular files can be provided in Corel Quattro, Microsoft Excel or
Microsoft Access formal Other formats that are convertible to one of the aforementioned fonnats
may be used with prior approval of the Division.
3. Geographic Atlributes - Database and tabular files that contain elements with a geographic reference
must provide a corresponding data field and a geographic coordinate pm for each feature location.
XV. Pavm""t and Records Retention
A. Payments shall be made as set forth, in Appendix C.
B. The Contractor shall maintain, at its principal place of business, detailed boob and accounting records.
supported by original documentation relating to the incurring of au expenditmes, as well as payments
made pursuant to this Agreement. The ContractOr shall make Such records available for review bytbe
Department upon request at any time. The Department shall have the right to conduct progress
assessments and review boob and records as necessary. The Dep~tshal1 have the right to conduct
'8t'I. on-site review of the Project and/or boob and records of the Contraptor prior to, and for a reasonable
time ~110wing; issuance oftheJ;1INAL payment.lbe De~lluentshaUbe entitled to disal10wany cost
or expense, and/or hmninate or suspend this Agreement, 'if the Contraotor has misrepresented any
expenditures or Project ~ctivities in its application to the Department, or in this Agreement, or in any
progress reportS or payment requests made,pursuant hereto. ,The Contractor shail mliintain such boob .
and accounting.1):COrds in a mann~ 80 that reports can be Jll'04t!ced therefrom in acoordanQe with
generally accepted acCounting prinoiples. The Contractor shall maintain separate fiscal boob lIl'ld
records .for all ftmds received through the DepartlBent pursuant to this Agreement.
C. DuriiIg the terin of this A8rCement and for a period of six years after its termination, the Contraotorshal1
make all such boob and records aVailable to the Department and the Office of the State Coinptroller,
Or lheir designated representatives, for iDspeotion and audit.
XVI. I$JaI Rnwlovment Ooportunity
The Contractor hereby assures that it is, and shall be for the dW'lllion 'of this Agreement, in complianCe with
'the Fedaral Equal Employment Opportunity Act of 1972 (Public Law 92-261), as amended.
I
xvn. Artiole I5-A of TIle New York State Executive Law
TheDep8nment of State administers a Minority and Women-ownedBusiness Entetprises (MWijlJ)Prognun
I as mandated by Artiole 15-A of the New York State &ecl1tive Law. This law supcisedes any other provision
in state law authorizing or requiring an equal employment opportunity program or a program for securing
participation ,by minority andwomen..ownedbusiness enterprises. Under this law, all state agencies I1lIist,
,8Ubjectto certain exceptiOllB, establishgoa1s forminority and women-owned business pl\l'licipation in certain
.~ contracts and grants. Where MWBB goa1s are required, even in circumstances where 1hls goal is zero,
a OuartertyC'.nntractor Renort is reqi.lired (0 be submitted to the Minority and W omen-owned BUsiness
Program of the Department on forms provided by the Department. ' ,
Article 15-A requires that rules and regulations be established for OOI,1tractsentered into by the DepIl1'lment.
In aCCordance with Article I5-A, goals must be set for contracts entered into by the Deparlment in excess
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of$25,OOO for labor, services, supplies, equipment, and materials, or anycombinatlon of1he foregoing, and
for con1raots entered into by the Department in excess of$l 00 ,000 for acquisition, oonstruotion, demolition,
replacement, major repair, renovation pr imProvement of real property. In applying these rules and
regulations, the Depllrtment must oonsider the availability of oertified1ninority and women-owned businesses
in the region in which the state contract will be perfomied, the total dollar value of the ooil1ract, the scope
of work to be performed; and the project size and tenn.
The contr!ICtor will, when required as a part of the bid or proposal, submit a Stsffinll Plan on the form
provided by the Department. This flm1 will detail the work foro.e antioipated in the performance of the state
oontract, reported by ethnic background, gender, and Federal Ocoupational Categories.
After a bid opening. and prior to the award of a state oontract, the contractor will submit an EqjIal
Emplovment OpDOrtunit.y (BEo) Policv Statement to the Department within the time frame established by
the Department. The law requires that, as a precondition to entering into a valid and binding state con1raot,
the con1raotor will altreeto the following stipulations and will inolude them in the EEO PoliovStatement:
,
- The contraotor will not discriminate agairist any employee or applioant for employment because
ornice,oreed, color, national origin, sex, age, disability or marital statUs.
.; The contractor Will widertake or continue existing programs ofaffirmatlve action to eDsure that
minority group members and women are afforded equa1 employment. opportunities without
. discrimination bl',eause of race, .~. color, national.origin,sex, age, disability .QrmaritaI status.
For these putposes, affirmative aotion applies in areas ofrect:uitment, cmployment,job assignment,.
promotion, upgrading, demotion, transfer, layoff, or termination and ratesO:fpay or other forms of
compensation. . .
r
- The contractor will make aotive and consci.entious efforts to emplOy and to uQlize minority groiJp
. members and women at ail levels and in all segments.orits work foreeon state contraCts, and the
oon1raetor will document these effoJ;1S.
- . The contractor will state in all solicitations and ad~ts for employees tIiat, in the
perf01'llllll1ee of the state contract, all qualified applicants Will be afforded equa1 employment
opporlwJities without discrimination. beeaus.e of race, creed, color, national origin, sex, age,
disability or marital status.
-The contractor will, at the request of the Department, request .each employment agency, labor
union, or authorized ~iative of workers with which it bas a colleotive bargaining or other
agreimentor understanding, to furnish a written statement.that SUch empIoymentagenoy,1abor
ui1ion, orrepre$entative will not diseriminate because of race, creed, oolor, national origin, sex, age;
disability or marital status, and that such union or representative will affirmatively coOperate in the
implementation of the eontraotor's obligations hetein. . .
-Thecontraetor will inclUde the provisions regarding the BBO Poliav StAtAmemt and the Sbiffin,
f1BD enumerated above in each and every subcontract of Ii sttte contract in such a manner that the
subcontractor'is llound by these requirements. ..
- Failure to provide an BOO Poliov Statement and a Staffinl!' Plan withoUt reasoDable written
juStifieation or commilmentto provide these requitements bya specified date will result in rejection .
of the oontraotor's bid or proposal.
· After the award 'of a state con~ the contractor will submit to tbe Department Ii Worlcf~
. Rmnlovment Utilizatio!;1 Re1x>rt. on the form supplled by thO Department, dotailins the work force
actua1Iy utilized on the state contract, by ethnio . background, gender and. Federal Oooupational
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Categories; as specified on the form. This &JW1 will be submitted to the Department on a quarterly
basis throughout the life of the contraot.
· The contractor, and any of its subcontraotors, may be required to submit compliance reports
relating to their 'operstions and implementation of their affirmative aotion or equal employment
opportunity program in effect as of the date the state contraot is executed.
Questions regarding this program should be directed to the Department's Minority and Women-owned
Business Program by caIling (518) 474-5741. Potential contraotors can access the NYS Direotorvof
~fied Minority and Women-owned Business Entemrises on.line through the Empire State DeveIoplllent
bsite at: htto:/Iwww.emoire.state.nv.us. double click (left column) on: NY 'V BIZ (DomgBusiness inNew
York); put the curser over; Small and Growing Business and, frQm that menu, click on: Minority and
Women-Owned Business. From the center column, highlighted in blue, click on the bullet: "Search lhe
Directory of Certified ,MinoritY- and W omen-Owned Business Enterprises."
The Department makes n9 representation with respect to the availability or capaoiIity of any business
listed in the Directorv. . .
xvm.. Notice of Public Prbceedinss
The Contractor agrees to provide the DCP,8rtment with prompt and _Iy written notice at least two
,weeb in advance of all. public proceedings, including, but not Iimited to; public meetings. or he8rings,
relating to the Project. ' .
XIX. Suhmi.sion of all corre.<ipOridence and doctlllJP'tation
A. The Contractor agmes to provide the Departmentwith Original and two copies of all documentation
relating to this Project, including, but not limited to: notices of publio meetings, products described
in Appendix D, and payment request docwnentation as described in Appendix C.
B. AIl information as described in A. abOve sha11 include the NYS Comptroller's # as indicated on the
'Face Page of this Agreement. .
xx. 'Environmental Review
A Contractor agrees to provide the Department, in a timely manner, with all documentation, including
but ilot limitedta, permit applications, erivironmentalass""""'entB, designs,pIans, stJidies,
environmental impact statements, 'findings, and determinations, relating to the Project.
R Contractor acknoWledges that compliancewi~ the State Environmental Quality Review Aotis a
material term and condition of this A,greement. In no event shaIl any payments be made'under this
Agreementuritil Contractor has provided Department with appr9Prlate documentation that ~tractor
has met any requirements imposed on Contractor by the State En~nmenta1 QUa1ity Review Act.
XXI. Fullv-Execut..n Agreement or Amendment Thereto
A. If this Agreement or amendments thereto, aIloca~ funds toWing $1$,000 or less, it 8haIl be deemed
to be fully executed when approved and signed by the Contractor and the Department.
B. If this Agreement, oramendment/j thereto; allocates funds totaling more than $15,000: it 8haIl be.
. . deemed to be full executed When approved by the Office of the State Comptroller.
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FINAL PROJECT SUMMARY REpORT
AI, Attachment I
Final payment of the grant is dependent upon the satisfactory completion and acceptance by the Department of State,
Division of Coastal Resourcl1.! of this FINAL P ROJI!CT SUMMARY REPoRT along with the requlllite documentation. In
addition to die 'other requirements of the contract, the grant recipient is resoonslble, to relav thelnmllrlllnce. the simlfi",n-ve
and die value of the comoleted proiect to the conununitv.the rellion ll!Id the state through the completion of the report.
, The following outline should b,: used to complete the PINAL PRO/BCT SUMMARY RBPQRT:
1. Project Title:
2. Name ofMunicipalily:
3. Actual Project Costs:
a. State funds expended (identlt'y soure.., ego EPF, Clean Water! Clean Air
Bond Act, etc.):
b. Local funds expended:
c. Other funds expended:
4. Project Manager: Name:
Title:
Mailing address:
~
TeL number:
Fax number:
, E-mail address:
( ) ,
( )
S. Fedent Tax Identification Number:
6., Pl:oject B~ (briefly Cl<plain in a short paragraph .why this p'roject was necessary, what ils value is wdlor ils
impOrlance to the conunun/I:J'):
7. Project W orle (briefly descnl,e the.worle that waS done to complete the project):
, .
8. Project Descriptions (use the fonowing guidelines to' ~ the project and please be concise In the description):
' L For a Plaiming Project descnllc the findings or reoonnnended stralegies.
b. For a Design Project describe what is to be built
c. For a Construction ,Project describe what was built.
9. Project Measmab1e Results: To be completed on folJllS attlobell.
10. ProjectDocumenlation: The Departmeot of Slate, DMsion oiCoastal Resources reqUires a visual dO"'-tI<:>ll of
the Bn.viroamental Protection Fund projects. , Project products shon1d be visually ~ using a 35DD11 camera
or a digital camera. The 3~mm color slides atull'lr dlnlBl t'.8....... disc should be labei:i 'fed whca submllted
ak?ng with the C<!mpleted F1NALPR01I!CT Sl!MMAR.Y REPoRT.
VlsuaIs should illustrate the final project product llIl!. as aPPropriate, activities undertaken to eomplete the project. 1l.or
~10, lame projectswouldcal1 for visuals that llIclude photographs ofvo1untcers partiolpatlng in a wetlsod
~ratlon project (planting Sparti1ia); photographs ofbistolicat slgDs rnarlcem, Idolla, etc. being placed; or photographs
oem artist's I'Cl1deriog ofa waterfront design.
Desfan, planiling, and CODStru,ction projecls catl for dlft'erent visual d<icumentstion. Therefore, the following guidelines
are suqested:
· For dosign projects, visuals of renderings wdlor graphl",ibat deplot die fiDa1 product.
· For planning projects, visuals of any graphics, .... appropIiate, that lUusCraee t/Je Iinat product.
· For construcllon projects, visuals of work in progreSs and die finished project. '
In edditioD to the 3Smm color slidesldlgilal <:amera disC, a video (vbs fotmat) of tho project with a verbaldllscrlption is
deslrable but DOt!J1anffotory. The video lilay be used In a tb~ documentary.
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AI, Attachment 2
NYS Department of Slate '. Minority and Women-owned Business Enterprises Program
41 Slate Street Albany NY 12231-0001 . (518) 474- 5741
Minority and Women-owned. BusIness Eilterprises (MW13E) Program
Quarterly Contractor Report
lN81'RUCTl9NS:
1. Please prepare reports based on calendar quarters, 'or prepare one annual report.
2. Use a separate Report sheet for each contract or program area
3. Record the amol,lnt paid for each service/product for the time period identified below.
4. Sand completed reports to the Minority and Women-owned Business enterprises Program at the above address.
REPORT PERIOD
Report should cover a calendar quarter OR the program year. FRGM: TO.:
Enl8r the Inclusive dales of the quarter or for the program year. ",. '" '" .
CONTRACTOR NAAlE PROGRAM DOS CONTRA.CT NUMBER
CONTRACTOR ADDF/ESS s"tvfCe Anls of Cont1IIc/ I\(orlc '
( )
NAME snd TlTiE cf CONTACT PERSON (Please pmt) TELEPHONE NUMBER
"
TYPE of DESCRIPTION of AMOUNT PAID
VENDOR NAME and ADDRESS VENDOR SERVlCElPRODUCT T1iIS PERIOD COMMENTS
o MBE . $
o WBE
. . o MBE .
-
o WBE
oMS!:
. a.WBE ,- .
o MBE ,
C! WBE
. ,
.0 MBE
o WBE .
o MBE
DWBE
o MBE
OWBE
oMBE
OWBE
. o MBE
.
o WBE .
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toNTRAcroR:
Al - Attachment 3
Agreement #
EROJECT STATUS
As of
(Submit semi-annually and with each payment request.)
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~_ ,<;1: 0i.' '1"')"I(~I.':..ff~~,'1/"111~~k.!_~lb(;.lJ~-.!. ....lJ~!)'.1 ::.J!'J ,j"; I,
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7Yk
#
Alf.
Qate ,of
ColllPletion
Percent of
Comnletion
Products! AccOlllPHshn1entB
Please Rote problems encOuntered, propose4adJustment(s) to work Program/schedule, and reason(s) for
proposed adjustment(s):
'Please prolide the folloWing infonnation: '
Name of 0CII1I8ct Person:
EmalI Adchss:
Phone Number: ,
Fax Numbor:'
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Appendix B
BUDGET SUMMARy
A Salaries &; Wages (including Fringe Benefits) $ $10,000..00
B. Travel $ $1;500.00
C. SupplieslMaterials $ $0.00
D. Equipment $ $0.00.
B. Contractual Services $ $138,500.00
F. Other $ $0.00
/
TOTAL PROmcr COST $ . $150,000.00
TOlalState Funds (50 % of Total) $ $75,000.00
Total Local Share (50% ofTotai) $ $75,000.00
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Appendix B (Budget Detail Sheet)
B-2
A. SALARIES & WAGES
TITLE ANNUAL AMOJlNT CHARGED
SALARY TO TIllS PROJECT
Public W orles Director $82,446.00 $7,500.00
Town GIS Coordinator . $60,227.00 $2,500.00
SUBTOTAL $ 10,000.00
B. TRAVEL
Travel to Project Meetings (meals, tolls & mileage) - $618
Travel to DOS LI Conference (registration, lodging, meals & mileage) _ $882
. .
SUBTOTAL $ 1,500.00
I C. suPP1JFM1ATFBL\U
I D EQUIPMENI
I
SUBTOTAL $ 0.00
I
SUBTOTAL $ 0.00
E. CQNfRACWAL SERVICES
GIS Natural Resources Inventory Database - $37,000
Creation ofa Bay Scallop Spawner Sanctuary - $101,500
I F crnffiR
SUBTOTAL $138,500.00
I
SUBTOTAL $ 0.00
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APPENDIX C
Payment and Reporting Sohedule
XXII. Pavment Sohedule
A. The Department shall make interim payments fOl'eligible costs incurred up to an amount not to exceed .
90% of the State Funds Requested. . The final payment will be l1]ade upon saiisfac~oJ:y completion oflhe
Project.
B. Not more frequently than once every 30 days, a properly executed payment request, on fonns as
prescribed by the DePat!ment, and required work products documenting completion. of one or more of the
tasks set fortll in Appendix D, Program Workplan, and total project costs inc~ to date, maybe
submitted. .
1. Payment provided above shall be made to the Contractor upon the submission by the Contractor of
properly ~xecuted payment request Such request shall contain the following: (1) "SIIIDDIaiy Sheet
Documentation Fonns" as provided by the Department, for reimbursement of actu8land eligible .
expenditUres, (2)tl1e required D~tail Study, and (3) a properly executed State Voucher.
2. Payment requests will be reviewed in accordance with the terms and cOO<litioDB of this Agreement to
. determine total allowable project costs incurred and the nulttber and perCentage of allowable project
taska completed to date. For the purpose" of determining the level of reimbursement, otherWiae
allowable project costs may be reduced if the. percentage of task completion is deemed insUfficient
. . , . , .
3. . Total allowable project CO$, adjusted PUfSl!lUlt to.2. above, wilI be prorated between State Funds .
and Local Share costs in the samcproportioDB as Total SlJIte Funda is to Total Local Shaie as set
forth on the Face Page. . . .
4. Interim payments will be issued in amounts equal to the State Funds calculated in 3. abo:ve, leas all
previous payments to date.
S. The final payment wilI be iSsued upon teceipt and approval of a payQ\eJlt request IIIIl1b(J "FINAL"
. documenting all project costs inowred and tasks completed and submiSsion of the Finiu Project
Summary Report and Measurable Results Fi;l11ns. Such final payment request shall be submitted
within 60 days following the ~dIng da~ of this Agreement.
U... R.eoortin~
A. Payment requests as described in LB. abo~ ilhall be certified by a duly authorized teprCsentative of the
. .Contractor as accurately representfug such accomplishments and expenses as recorded in the Contractor's
accounting records, including, where goods or s~ces are provided bY.lhir\i parties not party to this
Agreement, a certification that any payinent obligations arising from the provision of such goods or
services have been paid by ilie Contraotof and do not duplicate ~imbursement or costs and services
received.from.olher sources. .
."
B. Notwithstanding ilie above requirements, upon written notification by the Department, the Contractor
may be required to submit source documentation and additional veiitioation of allowable expenditures.
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C-2 '
C. Payment requests shall be submitted to:
New York state Pepartment of State
Contract A4ministration Unit: L WRP
, 41 State Slreet . 10th Floor
Albany, New York, 12231-0001
D. Claimed expenditures,per cost category may not exceed the amounts indicated in the Budget, Appendix
B, by ten percent (10%) without approval of the Department, provided that the Total Project Cost as set
forth in Appendix B, Budget Summary is not exceeded. Anyellipenditure in excess of such 10% or that
changes the State Share or Local Share funding amount shall require an amendment to the Project Budget
,S\lbmitted in writing by the Contractor and approved by the Department. No expenditures shaI1 be
, ,allowed for items .not set forth in the Project Budget without written approval of the Department.
m. Q1hm:
A. Notwithstanding the submission of timely and properly executed payment requests, the Department shall
, be under no obligation to make payment for C1tJ!enditures incorred without the prior Department
1Ipp1'Ova1s and/or amendments required 'under this Agreement and, further, shall have the right to
,J withhold any such payment pending the execution of suCh approval and/or amendment.
B. Interest income earned on funds received pursuant to this Agreement shall be used to further the pwpose
of this Project or shall be deducted from tOtal eligI'ble cost to determine the net eligJ'ble costs to be
reimbUrsed by the Department. '
C. TIle Department shall haVe the right to conduct 'on-site progtess assessmen~ and reviewS of the Project
and Contractor's books and records during the life of this Agreement and for a reasonable time following
issuance of the FINAL payment The Contractor sba11 furnish proper facilities, where necessary or _
useful, for such access and inspection.
D. The Department shall be entitled to disallow any costor expense, or terminate ar8U8pend this
A,reement, if found that the Contrac4Jr has misrepresented any expenditures or project activities in this
J\pement, or in any progreSs rq>orts or payment~ msdc pursuant hereto. \
E. The Contractor sha11 maintain separate fiscal books and ~ for all funds received through the
,1>ePaJ. hnent and project activities cOnducted pursuant to this Agreement, and sha1llD8ke all such books
and records available to the Department, lhe Office oflhe State Comptroller, or lheir deaignated
representatives for inspection 'and audit for a pCljod of six Years following termination of this Agreement.
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APPENDIX D
PROGRAM WORK PLAN
Contractor:
Program Contact Person:
Phone: (Office)
(Fax)
Town of Southold
James McMahon
(631) 765-1283
(631) 765-9015
Implementation of the Town of Southold L WRP
1. Project Description
The Town of South old has adopted a Local Waterfront Revitalization Program (LWRP) which has been
approved by the Secretary of State. Ail part of the L WRP, the Town recommended several key
information and action needs to improve the Town's ability to inventory and analyze shoreline impacts
and increase shellfish reproductive success. The Town proposes to undertake planning, inventory,
mapping and implementation components toward the development of a Geographic Infonnation System
(GIS) - based Natural Resource Inventory Database (NRID), and to establish a bay scallop spawner
sanctuary. Each of these components iinpleinents recommendations of both the Long Island Sound
Coastal Management Program and the Peconic Estuary's Comprehensive Conservation and Management
Plan as well as the Town's L WRP. The completion of these tasks will improve the Town's ability to
plan, permit, and prioritize actions necessary to protect natural resources along the shoreline and
iinplement the policies of the Town's LWRP.
The Town has developed a partnership with the Cornell Cooperative Extension of Suffolk County to
complete work related to the iinplementation of the Town's LWRP under previous Environmental
Protection Fund (EPF) awards. This partnership will be extended to cover the tasks associated with this
work plan.
2. . Profect Attribution and Number of CIIDies
The ContraCtor must ensure that all materials printed, constructed, and/or produced acknowledge the
contributions of the Division of Coastal Resources to the project. The materials must include the following
acknowledgment:
"This (document, repon~ map, etc.) was preparedfor the New York State Department of State,
. Division of Coastal Restlurces, withfunds provided under Title 11 of the Environmental Protection
Fund. "
The contnbutions of the Division of Coastal Resources must also be acknowledged in community press releases
issued for the project. Project press releases shall be submitted to the Department of State for review and
approval prior to release to ensur,e appropriate attribution.
The Contractor must submit to the Department of State three conies of all written reports and supporting .
graphic~, final design documents, and other printed materials. .
3. Compliance with Procnrement Reauirements
The municipal attorney, chief legal officer, or financial administrator for the Town of Southold shall certifY to
the Department of State that applicable public bidding procedures of General Mimicipal Law ~ I 03 were followed
for all construction contracts involving more than $20,000 and more than $10,000 for purchase contracts. In the
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case of ooll8truction contracts involving not more than $40,000, purchase contracts involving not more thiut
$10,000, and contracts for professionalserVioes, the municipal attorney, chief legal officer, or financial .
administrator shall certify that the procedures of the municipality established pursuant to General MuniCipal Law
~104-b were fully complied with.
D-2
4. Component Tasks
Task 1. Project scoplng meeting
The Town of Southold, the Department of State (DOS), and Cornell Cooperative Extension of Suffolk
County shall hold an initial meeting to review goals and targets, project requirements, work schedule,
. . existing infol1l1lltion and data, and the details oUte DOS contract. Areas of the project where additional
consultant services may be required will be identified. Points in the project timelinewhere apProval by
Depl!l1ment of State. is required prior to commencement of additional tasks will be identified. The. .
!llCeting.will also ad~slocal responsibility for project oversight, including compliance. with the State
EnviroiunentaI Quality Review Act (SEQRA); whether a steering committee will be formed with IOCliI
st8keholders and go~mment agencies; and the proposed pfoject schedule. If a Steering Connnittee is
. formed, its composition will be determined at this meeting. A brief meeting 8II1UInary will be prepaled
by the Town or its consultant indioating the agreementsh,mderstandings reached at the meeting. .
Product:
Summary .of seeping meeting including responsibilities agreed to IUld proposed project
schedule.
Task 2: ConBu1tantPtocurenlent Record
The Town will provide DOS with a record of the actions taken to procure the preferred consultant, .
.Comel1 CooperatiVQ Extension of Suffolk County. The municipal attorney, chief I~gal officer Or . .
financial admin;llfrator of the munioipality shall certify in writing to the DOS that applicable provisions
of General Municipa1law were fully complied with.
Product:
Written certification of oonsultant procureinent procedures.
Task 3: Subcontract preparaUoll and execution
The Town ofSouthold shall prepare a draftSl1bcontraot with Comeli CooPerative Extension (the
oorisultant) to address tasks of this contract. : The subcontract sl:Wl contaiti a detailed worlc plan with
adequate opporIunityto micw stages in completion of the products, a payment schedule (payments
. should be tied to thereoeipt of products identified in the worlc plan), and a project cost. The draft
iubcontraotwil1 be submitted to the ~t of State for micw and approval prior to final execution
bythC Town and ComeU Cooperative Extension. A copy <>fthe tinaI Subcontract, inoorpora&g the .
Departntent of State's comments on the draft, will be provided to theDeplll1mclnt of State.
Prodllct:
Draft consult8nt contract for miew prior to execution, and executed eonsuliant contract .
. inootporating DOS comments.
. Community and Waterfront RevitaUzatlon Conference Attendance
Task 4:
The Town ofSouthol<l will attend the Department of State's Community and Waterfront Revi~on .
Confermoeon October 19, 2005. .
Pl'Gdut:
Attendance at Communlty and Waterfront Revitalization Cooference .
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Task 5:
Natural Resource Iuventory and Database data collection
D-3
The consultant will complete digital inventories and use the data to populate the Natural Resoutee
Inventory and Database (NRID) established by the Town. The inventpry will build on and supplement
~viously collected data including the Southold Creeks scenic inventory; the Town's existing GIS
database; previous mooring and shoreline data; and existing infonnation from relevant sources. All GIS
' data collected as part of this project shall be presented and stored in MapInfo format. Inventory work
. will build on the GIS assessment completed for the Town creeks under a previous EPF award, and focus
on the remaining Town shoreline. .
The digital inventory to populate the NRID will include:
. Inventory of shoreline structures - digital photos of docks, bulkheads 'and other shoreline
structures extracted from digital videos ai1d linked to the corresponding tax map lot; .
. Inventory of all shoreline defense structures - all shoreline- hardening structures such as
revetments,groins and bulkheads (including geOtextile devices) will be mapped and linked to
the clllTe8pondiog parcel and descriptive metadata inoludingthe length, ~, oonstruction
material (i.e., metal, rock,. wood, plastic, etc.), IIttd apparent visual condition;
. . Inventory of existing moorings - all moorings W1ll be mapped and linked to digital and aerial .
photos; .
. Navigationalohannels - all previously and currently.maintained navigational ohannels, and any
oh.""ellIl81'kers, buoys or beacons, will be II1IIp,PCd and linked to ~ photos;
. Eelgrass loca#ons - all known eelgrass locations wlI! be mapped and incorporated; and .
. S1,.ellfishrestoriition areas - all past and current shellfish see":"g locations will be mapped and
iinked to aerial photos and descriptive metadata inoluding !he shellfish species, quantity and year
of last known seeding effort
The Town will provide DOS with an electronic oopy Of all inventory data.
Product:
. The '{own will prepare a Power Point presentation detailing the]ll'\lOeSB, resulta, and utility of the
. inventory and mapping of all Town coas.ta1 structures and features undertaken as part ofthC NRID
prpcess. The Town Will provide a draft of the presentation to DOS for comment and review.. Tho Town
.wilI present the final presentation at a general meeting of 1he Peoonic Estuary Program and of 1he Long
Island Sound Study. The presentation wlII emphasim.how the data is being used for coastal mne
management and consistency determinations as part of1he Town's LWRP.
The Town will also prepare a BUOIIIJary of the NRIi> process, inoluding costs, funding mechanisms,
details of the equipment u,ed, and lessons learned. .
Products:
Draft Power Point for DOS review, and finalPowerPoint presentation incOrporating DOS
comments, presented,at one meeting of the Peconic &tuary Program and atone meeting
of the Long Island Sound Study. SUbmission ofa draft sununary of tho Town shoreline
mapping projects to DOS for review, and submission ofdJree (3) copies of the final
sununary incorporating D08 oomments. .
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Tas~ 7: Scallop spawner sanctUary Identification
Using information acquired as part of the NRID database and previously collected data, the Town will
identify at least two (2) locations appropriate for the establishment of bay scallop spawner sanotuaries.
The Town will prepare a slllIll1llUy of the conditions, available biological arid phySioal data for eaoh Qf .
the two (2) identified locations for review by DOS. The BIll11I11Bry will include; at a minimum. a looation.
map, coordinates and aerial photograph of the identified sitesj existing data supporting the
recommendation of each site moluding the presl1Dce, density and dimensions of eelgrass beds, previous
shellfish harvest or seeding infonnation, presence ofpredatorsj and physical characteristics including pH,
depth of water, average water temperature (if known), distance to nearby eelgrass and known bay soallop
.harvest areas or eelgrass beds and spat collectors. .
The summary document wiII.also recoinmend the most appropriate spawner sanctualy location, provide
justification for the final site selection, and provide recommendatioris for the management or designation
of spawner sanctuaiies to disoourage recreational or commercial harVesting ofspawning/broodstock
animals. The Town will include completed copies of any necesSllt)' permit applications for the
establishment of the recommended spawner sanotwuy with the sutmnary report
Products: Iden.tificatioli of twO (2) potential locations for bay scallop spaWner sanctuaries, and
summary document providing physical and biologilialinfonnation for all sites,
. applicati9l18 for permits, recommendation of sites, justification for ~ site selection,
and reoom""",dations for spawner sanctuary II18lIlIgement Submission of a draft
summary to DOS for review, and submission of three (3) copies ofthefinaI summary"
.incorporating DOS COIIIDICnts.
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Task 8: Scallop spawner sa!l.ctuary planting and field notes
The Town will dc:8igoatethe recommended spawner sanotwuy site as a "no-harwst zone" and plant a
minimum of7S,OOO adult scallops at the site. . The Town's consultant win prepare field n~ from each.
of the planting events. including apPlOAhuate number and am, of the scallops planted, water te.nIperaturc,
pH, salinity, lin:d time mid date, and tb11y <locument the planting events with photographs of the scsIlops
and actual planting efforts. . . . .
The Town's consuItantwill submit copies of the field notes and documentation 'photographs at the
. conQlusion of each planfi11g event .
Products:
Designation of the recommended scallop spaWner sanotwuy proIu1>iting harvest, planting
of7S,OOO soaIiops at the recolllll1ellded scallop spsWner sanctiJsty Bite, and submission
of all field notes and Photographs to DOS. .
Task 9: Scallop spawner sanctuary monItoring .
The Town will undertake routine monitoring of the scallop spawner sanctuary to determine the level of
sucoeas. The Town will place spat collectors in the antioipated palh oflarvat drift, d""'nnent the survival
and reproductive success of the spa~er sanctuaries, and observed IarvaI settling on adjacent eelgrass .
beds.. . .
The Town and ita consultant will prepare and submit a SIIIlllD8ly of the monitoring process llnd reauIts to
Dos forreview.
Products:
. Submission of a draft 8IlIII1nary of the scallop spaWner sanctuaries monitoring to DOS
for review, and submission of three (3) QOpies of the finaI SIIIlllD8ly inC01]lOl'8ting DOS
comments.
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'l'aak 10: Scanop spawner sanctuary final report
The Town will prepare a fInal report that documents the process of the identification, selection, data
collection, planting and monitoring of the spawner sanctwuy. The Town win draw information from the
site selection sumiruuy report, field notes, and monitoring sUDUnary.
Products:
SubmiSsion of a draft report of the scallop spawner sanctuaries project to DOS for
review, and submission of three (3) copies of the final report incorporating DOS
conullents.
Task ll:Slllnt-annual reporting
The Town or its consultant shall submit to the DOS semi-annual reports eveJy six montha on the- fOlD!
provided. including a description of the work accomplished, any problems encountered" and any
assistance needed. 'The report may be submitted as part of a payment request.
Products:
Semi-annual reports during the Ufe of the contract.
Task 12: Project coJUpletloD and Mea.nirable Results
Upon completion of the Project; the consultant shaII submit a statement to the Town that the work bas
~completcd in ~ with the ilonlr8ct,and all permit~ when, applicable. The
consultant shaI1 provide the munioipality with all reports, analysis, data, GIS layers, and products as
specified in this Work program. The Department of State shaII concur that the work is coinplete prior to
the ,lI1llI1icipality paying the consultant and/or submitting to the Department of State for finaI payment of
grant finids. The nnmicipality shall COmplete the Measurable Results form attached to this work program
and provide a copy to the Department of State. ,
Product: '
Completed Measurable Results form.
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APPENDIX X
Agency Code: 19000
Contract Period:
Contract No.: C006355
Funding for Period: $75,000.00
This is an AGREEMENT between TIIE STATE OF NEW YORK, acting by and through the New York State Depar1ment of
.State, having its principal office at 41 State Street, Albany, New York, 12231 (hereinafter referred to as the STATE), and
Town of Southold (hereinafter referred to as the CONTRACTOR), for modification of Contract Number C006355, as
amended above and in attached Appendice{ s)
All other provisions of said AGREEMENT shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the dates appearing under their
signatures.
CONTRACTOR SIGNATURE
By:
By:
(print name)
(print name)
Title:
Title:
Date:
Date:
Stale }.In'!l'ItwCertification: "In addition to the acceptance of this contract, I also certify that original copies of this signature page will be
~ to an other exact copies of this contract"
State ofN-ew York
County of
)
--.>ss:
On this ~ day of . 20--, before me personally came
to me known, who, being by me duly swom, did depose and say that belsbelthey
reside{s):in (if the place of resident is in a city,
fuclude the street and street number, if any, thereof); that belshe/they is( are) the (title of officer
or employ.;,) of the (name of municipal COlporation), descnbed in and which
executed the above instrument; and that be/she/they signed his/her/their name{s) thereto by authority of the governing body of
said municipal cOlporation.
NOTARY PUBLIC
Approved:
Alan G. Hevesi
Comptroller
By:
Date:
ELIZABETH NEVILLE
TOWN CLERK
Town Hall, 53095 Main Road
PO Box 1179
Southo1d, NY 11971
Fax (631) 765-6145
Telephone: (631) 765 - 1800
southoldtown.northfork.net
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
RESOLUTION #2005-691
Resolution ID: 1271
Meeting: 11110/0507:00 PM
Department: Community Development
Category: Contracts, Lease & Agreements
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-691 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 10, 2005:
RESOLVED that the T01/ffl Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute an Al!reement with Cornell Cooperative Extension
- Marine Prol!ram in connection with the implementation of the Town of Southold's Local
Water Front Revitalization Program, in the amount of$150,000. (NYS DOS Contract #006355),
all in accordance with the approval of the Town Attorney.
~a"~l.fa2:;N~(t-.
Elizabeth A. Neville
Southold Town Clerk